The Act Of 9 April 2010. The Prison Service

Original Language Title: USTAWA z dnia 9 kwietnia 2010 r. o Służbie Więziennej

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ACT

of 9 April 2010

o Prison Service

Chapter 1

Tasks of the Prison Service

Article 1. [ Prison Service] The Prison Service is a uniformed and armed political apolitical formation subordinate to the Minister of Justice, with its own organisational structure.

Article 2. [ Tasks of the Prison Service and of the Penitentiary Policy Council] 1. The Prison Service shall be implemented in accordance with the rules laid down in the Act of 6 June 1997. -The Code of Executive Penal (Dz. U. Entry 557, of late. (b) the task of carrying out temporary arrests and punishments of deprivation of liberty and of coercive measures resulting in the deprivation of liberty.

2. The basic tasks of the Prison Service shall be:

1) the conduct of the penitentiary and rehabilitation impacts against persons sentenced to imprisonment, primarily by organising work conducive to the acquisition of vocational qualifications, teaching, cultural and educational activities, classes with the extent of physical and sport culture and specialised therapeutic interactions;

2) execution of a temporary arrest in a manner securing the correct tok of criminal proceedings of a criminal offence or a treasury offence;

3) ensure the persons sentenced to imprisonment or temporarily arrested, as well as persons who are punished with imprisonment and coercive measures resulting in deprivation of liberty, respect for their rights, and especially humane living conditions, respect for dignity, health and religious care;

4) the humanitarian treatment of persons deprived of liberty;

5) protection of the public against perpetrators of crimes or treasury crimes embedded in penal institutions and investigative detention;

6) ensuring in detention facilities and arrests of investigative order and security;

7) the execution on the territory of the Republic of Poland of temporary arrest and penalties of deprivation of liberty and means of coercion resulting in the deprivation of liberty if they are to be carried out in detention facilities and the arrests of investigators and if they result from the implementation of a decision of the competent authority;

8) cooperate with the relevant forms of other states and with international organizations on the basis of international agreements and agreements.

2a. The Prison Service conducts the monitoring headquarters referred to in art. 43f § 1 point 1 of the Act of 6 June 1997 -The Code of Executive Penal, in the case of the Minister of Justice entruning these duties.

3. The advisory body of the Minister of Justice on the tasks referred to in paragraph. 1 and 2, is the Council of the Penitentiary Policy.

4. representatives of the Ministry of Justice, Prison Service, Science and non-governmental organisations are members of the Board of Penitencjary Policy. Members of the Penitentiary Policy Board appoints for a four-year term of office and appeals to the Minister of Justice.

5. In particular, the tasks of the Council of Penitentiary Policy shall be:

1) initiating new directions of penitentiary interactions;

2) making an assessment of the current penitentiary policy;

3) initiating, carrying out and supporting scientific research on the tasks of the Prison Service;

4. initiating and supporting actions to improve the security of officials and employees of the Prison Service and of the persons referred to in paragraph. 2 point 3;

5) presentation of opinions on matters provided by the Minister of Justice related to his/her powers as defined in this Act.

6. The Minister of Justice shall determine, by way of ordinance, the rules of procedure of the Board of Penitentiary Policy.

Article 3. [ Name and design of the graphic character of the service] 1. The name "Prison Service", its abbreviation "SW" and the figurative mark of the Prison Service are only entitled to the formation referred to in art. 1.

2. The Minister of Justice shall determine, by means of a regulation, the design mark of the Prison Service, taking into account, in particular, the shape and colour variants of that mark and the detailed rules for its use, with a view to creating a coherent the visual identification system of the Prison Service.

Article 4. [ Cooperation and cooperation of the Prison Service] 1. The Prison Service interacts with state and local authorities, associations, foundations, organizations and institutions whose aim is to cooperate in the execution of the custodial sentence, as well as with churches, unions Religious education, education, training, education, training, education, education, training, education, training, education, training, education,

2. The Prison Service cooperates with the Head of the National Criminal Information Centre to the extent necessary for the execution of its statutory tasks.

3. The Prison Service shall have the right to receive criminal information from the National Criminal Information Centre to the extent necessary for the execution of its statutory tasks.

Article 5. [ The responsibility of the administration, self-government and state organisational units with the Prison Service] The bodies of state administration, local government and state organisational units are obliged to interact with the Organizational units of the Prison Service in the scope and on the principles laid down in the Act.

Article 6. [ Source Of Funding of Prison Service] The costs associated with the functioning of the Prison Service are covered by the state budget.

Chapter 2

Organisation Of The Prison Service

Article 7. [ Organs Of The Prison Service] The authorities of the Prison Service are:

1) the Director General of the Prison Service, hereinafter referred to as the "Director-General";

2) the director of the district of the Prison Service, hereinafter referred to as "the district director";

3) the director of the criminal establishment and the director of the remand detention;

4) Commandant of the Central Prison Service Training Centre, the commandant of the Prison Service Training Centre and the Commandant of the Prison Service Personen Training Centre.

Article 8. [ Organisational Units of Prison Service] 1. Organizational units of the Prison Service, hereinafter referred to as "organizational units", shall be:

1) The Central Board of Prison Service;

2) the district inspectorates of the Prison Service;

3) penal bets and arrests of investigators;

4. The Prison Service Central Training Centre and the Prison Service Training Centres and Training Centres of Prison Service.

2. Within the framework of the organisational units referred to in paragraph. 1 point 3 may, where necessary, operate schools and medicinal bodies within the meaning of the provisions on medicinal activities and within the organisational units referred to in paragraph. 1 point 4-medicinal entities.

3. In organizational units may be created departments, departments, branches, teams and positions conducting activity, in particular in the scope of the impact of the penitentiary, specialist therapeutic impact, teaching and training, Pastoral activities, employment, administrative activities related to the execution of a custodial sentence, protection, defence, combating acts likely to endanger the order and security, to ensure appropriate conditions There is also a provision of social assistance, health care and health care, as well as Uniforms and storage depots.

4. The organisational units referred to in paragraph 1 points 3 and 4, may have subsidiaries located in the same or another locality.

5. The organisational units referred to in paragraph 1 point 4, with the exception of the Central Training Centre of the Prison Service, may be carried out in the form of a budgetary economy institution referred to in art. 9 point 6 of the Act of 27 August 2009. on public finances (Dz. U. of 2013 r. items 885, as late. zm.).

6. The institution of the budgetary economy referred to in the paragraph. 1, may receive grants from the state budget for the implementation of public tasks related to the conduct of the penitentiary impacts listed in art. 2. 2 (1), the performance of defence tasks on the basis of separate rules, the organisation and conduct of training and training of professional officers and staff, as well as the implementation of programmes to improve the efficiency of the officers, in the form of camps condition.

Article 9. [ Number of FTEs] 1. The number of posts in the individual organisational units shall be calculated on the basis of the number of posts of Prison Service Officers, hereinafter referred to as "officers", as established by the Finance Act, and the number of the number of posts allocated to the Prison's office the staff of the Prison Service, hereafter referred to as 'employees', having regard to the following criteria:

1) ensuring the safety of the organizational units and the security of the personal officers and employees;

2) the extent and degree of complexity of the officers and employees of the statutory tasks of the Prison Service;

3) the number, type and type of organizational units supervised by the competent authorities of the Prison Service;

4) the territorial scope of the operation of the organizational units and the number of cooperating law enforcement agencies and the judiciary;

5) the number, type and type of the structures and equipment owned.

2. When calculating the number of posts referred to in paragraph. In addition, the following specific criteria shall be taken into account:

1. in penal establishments:

(a) the number of officers and staff necessary to ensure the execution of the tasks resulting from the execution of a custodial sentence,

(b) the nature of the arrangements for the execution of the custodial sentence and the programmes of impact on persons deprived of liberty,

(d) the organisational structure, including the branches of investigative custody,

(e) the number of external branches subordinate,

(f) the number of places of accommodation for persons deprived of liberty and the movement of persons deprived of liberty,

(g) the number of schools, diagnostic centres, medicinal bodies, pharmacies, pharmacies and prisons of the work establishments operating;

2) in the arrests of investigators:

(a) the number of places of accommodation for persons deprived of liberty and the movement of persons deprived of liberty,

(b) the organisational structure, including branches of the criminal establishment,

(d) the number of schools, diagnostic centres, medicinal bodies, pharmacies, pharmacies and imprisonment of work establishments operating;

3) at the Central Training Centre of Prison Service and in the Training and Training centres of the Prison Service: the number of accommodation units and a schedule of trainings and professional improvement.

Article 10. [ Director General] 1. The Central Board of the Prison Service and the organizational units referred to in art. 8 ust. 1, the Director General shall be subject to the Minister of Justice.

2. The Director General shall be the manager of all the officers.

3. The Minister of Justice shall, by way of ordinance, grant the statutes to the Central Board of the Prison Service.

Article 11. [ Scope of the Director General's action] 1. The scope of the activities of the Director General shall be in particular:

1) the establishment of the directions of conducting and supervising the execution of the penitentiaries;

2) creating the conditions for the proper and the rule of law enforcement of custodial sentences and temporary arrests;

3) establishment of the technical rules of protection of protective and security in organizational units, type of armament and protection measures applied by officers in various types of organizational units and detailed manner the use of animals for the implementation of the Prison Service tasks;

4) establishment of methods and forms of activities in the scope of protection and defense preparations in subordinate organizational units;

5) participation in the work on the draft state budget in the field of prison terms and the development of a plan of revenue and budgetary expenditure of the prison under the amounts resulting from the Budget Law;

6. supervising the district activities of the Provincial Inspectorates of the Prison Service, the Central Training Centre for Prison Service, the Prison Service Training Centres and the Prison Service Personalisation Centres directly subordinate to the Prison Service and the exercise of the supervision of the organisation and the implementation of tasks by other organisational units;

7) shaping the staff policy in the Prison Service;

8) establishment of the number of posts and positions in the Central Board of Prison Service, number of posts in the district inspectorates of the Prison Service, and the total number of posts in subordinate organisational units;

9. setting out a detailed way of managing property components and the rational use of financial resources allocated to the activities of the Prison Service;

10) to initiate scientific research on the tasks of Prison Service and to interact with scientific institutions in this regard;

11) the establishment of methods and forms of performance of official tasks by officers in the field not covered by the provisions issued pursuant to this Act;

12) the implementation of tasks resulting from other laws.

2. In the course of carrying out its tasks, the Director General may issue orders, instructions or guidelines.

Article 12. [ District Inspectorate of Prison Service-Regional Director] 1. The District Inspectorate of the Prison Service is headed by the district director.

2. The scope of operation of the district director shall be in particular:

1) coordination of the influence of the penitentiaries carried out in the subordinate organizational units and supervision of them;

2) coordination of the manner and supervision of the conditions of the correct and the rule of law enforcement of the imprisonment and temporary arrest in subordinate organisational units and the control of the observance of the rights of persons deprived of liberty;

3. organisation of a system of cooperation of subordinate organisational units in order to maintain security and order in them and to cooperate in this area with the Police and other services and the institutions and bodies of state protection;

4) supervise the supervision and coordinate the activities in the field of protection and defence preparations in the subordinate organisational units;

5) setting up the rejoinder of deposition temporarily arrested in the detention of investigators, exercising supervision over the compliance with the prescribed use of investigative and criminal detention facilities, and organising and coordinating the transport of persons deprived of freedom;

6. to create outside the criminal establishments and arrests of criminal investigators subordinated to them the branches of temporary accommodation of the convicts;

7) development of a financial plan of revenue and budgetary expenditure for the district inspectorate of the Prison Service and subordinate organisational units;

8. supervising the activities of the criminal undertakings and the arrests of investigators, the centres for the improvement of the Prison Service, and the imprisonment of work facilities operating in the area of subordinate organisational units;

9) the establishment of the number of posts in the district inspectorate of the Prison Service and the number of posts in the subordinate organisational units;

10) the implementation of tasks resulting from other laws.

3. The district director shall be the manager of the officers serving in the subordinate organization units.

4. In the course of carrying out its tasks, the district director may issue the ordinances, instructions or guidelines.

5. The Minister of Justice shall determine, by way of order, the detailed scope of the operation of the district directors and the structure and seat of the district inspectorates of the Prison Service, as well as the organisational units subordinate to each of the district directors.

Article 13. [ Director of the penal facility and director of the detention centre] 1. The criminal charge and the custody of the investigator shall be headed by the Director.

2. The scope of action of the director of the criminal establishment and the director of the detention centre shall be in particular:

1) the coordination of and supervision of the penitensionary interactions carried out in the subordinate business unit;

2) ensure the correct and law-abiding execution of custodial sentences and temporary arrest and ensure security and order in the subordinate organizational unit;

3) supervising the functioning of the criminal establishment and the detention of the investigative schools and medical entities;

(4) the rational use of funds;

5) ensuring adequate for the purposes of selection and use of staff, the continuous improvement of its qualifications, the proper performance of duties and disciplines;

6) setting the number of posts in the subordinate business unit;

7) the implementation of tasks resulting from other laws.

3. In the course of carrying out its tasks, the director of the criminal establishment and the director of the detention facility may issue the ordinances, instructions or guidelines.

4. The Director General shall determine, by way of order, the detailed scope of the Director's activities and the organisational structure of the criminal establishments and of the arrests of investigators.

5. The rules for the creation of penal establishments and the detention of investigators shall be determined by a separate law

Article 14. [ Central Prison Service Training Centre-commanders] 1. The Prison Service Training Centre, the Prison Service Training Centre and the Prison Service Personally Improvement Center shall be directed by the commanders.

2. Training of officers and staff shall be carried out at the Centre for the Training of Prison Service, in the Prison Service training centres and in the Prison Service Personen Training centres.

3. To the extent of the action of the commanders referred to in paragraph. 1, in particular:

1. to provide appropriate training conditions and to improve professional staff and staff;

2. coordination, supervision and responsibility for the training and training activities carried out at the centre of the training;

3) ensuring security and order in the subordinate site;

4) the implementation of conservation and defence preparations tasks;

5) ensuring adequate for the purposes of selection and use of staff, the continuous improvement of its qualifications, the proper performance of duties and disciplines;

6) determining the number of posts at the centre;

7) the implementation of tasks resulting from other laws.

4. In the course of carrying out its tasks, commanders may issue orders, instructions or guidelines.

5. Director General, by order of:

1) creates, transforms and abolises the Prison Service training centres and cadre improvement centres of the Prison Service;

2) determine the seat of the Central Training Centre of the Prison Service and Training Centres of Prison Service and the Prison Service Personen Excellence Centres;

3) grants the statutes setting out the detailed scope of action of the Commandant of the Central Prison Service Training Centre, the commandant of the Prison Service Training Centre and the Commandant of the Prison Service Personen Training Centre and the organisational structure sites.

6. The Director-General shall determine, by means of ordinance, the framework of the rules of residence at the Central Training Centre for Prison Service and the Prison Service Training and Training centres of the Prison Service Personen.

7. The provisions of the paragraph. 5 and 6 shall not apply if the Prison Service Training Centre or the Prison Service Personally Excellence Centre is carried out in the form of an institution of the budgetary economy.

Article 15. [ Feast of the Prison Service] The Day of 8 February of the Prison Service shall be established.

Article 16. [ Business Unit Shtandar] 1. The organizational unit can be given a banner.

2. The shtandar of the organizational unit shall give the Minister of Justice upon request of the manager of the organizational unit, opinionated by the Director General.

3. The Sztandar can be funded with the consent of the Minister of Justice. Consent to the foundation of the flagship and its approved project is served by the funder through the manager of the organizational unit concerned.

4. The Minister of Justice shall determine, by way of regulation, the requirements concerning the banner, the model of the act of giving the banner, the mode and conditions of its giving, and the manner of storing and filing of the banner, and the way of forwarding them in the case of the winding up of the business unit or the reissue of the banner. The banner should refer to the tradition of the Prison Service.

5. The Minister of Justice may determine, by way of regulation, the pattern of the banner, taking into account the traditions of the Prison Service.

Article 17. [ Officers ' equipment] 1. The officers shall be provided with the equipment necessary for the performance of their duties.

2. The Minister of Justice shall determine, by way of regulation, the armament of the Prison Service, the types of weapons and security measures applied by the officers during their duties, taking into account the obligation to carry out the tasks properly. by the Prison Service.

3. The Director General shall determine, by way of order, the standard of equipment referred to in paragraph 1. 1, and the detailed conditions for its allocation and use.

Chapter 3

Scope of powers of the Prison Service

Article 18. [ Officer's authority in connection with the performance of a business operation] 1. The officers, in carrying out business activities, shall have the right:

1) the legitimacy of applicants for admission and leaving the premises of the organizational units and the depositing of the identity documents of persons residing in the premises of the organizational unit;

2) the legitimacy of officers and employees entering and going out of the organizational unit;

3) requests from the persons mentioned in points 1 and 2 of the transfer to the deposit of dangerous objects and objects not permitted, to make personal checks of those persons and to check their clothes, footwear and to view the contents of luggage, check vehicles entering and leaving as well as the loads of these vehicles, also using technical devices and special dogs trained in the search for narcotic drugs and psychotropic substances or explosives;

4) calling on persons disturbing the tranquility and order in the immediate vicinity or within the organization unit, establishing disallowed contacts with persons deprived of liberty or attempting without permission of the officers to provide any objects to the premises of the organizational unit, to refrain from such behaviour;

5) detention, in the area of the organizational unit, the purpose of the immediate transfer of the Police, persons for whom there is a reasonable suspicion of committing an act prohibited under the threat of punishment;

6) removal from the site of the organization unit of the person who does not comply with the order issued on the basis of the applicable regulations;

7) detention of persons deprived of liberty, which:

(a) they have escaped the detention of an investigator or a criminal undertaking,

(b) have escaped in the course of convoy or employment,

(c) on the basis of the authorisation of the competent authority, they have left the custody of an investigator or a criminal undertaking and have not returned to him within the prescribed period, using the permit to temporarily leave the custody of the investigator or the criminal undertaking without the convoy of the officer;

8) request the necessary assistance from the officers of the Police, Border Guard and soldiers of the Military Gendarmerie, as well as return in emergency cases to other law enforcement authorities and security of the State or any person of providing ad hoc assistance under applicable law.

2. From the obligations arising from the implementation of the rights of the officers referred to in the paragraph. Article 1 (3), in respect of the surrender of personal checks and checks on clothes and shoes, shall be excluded:

1) President of the Republic of Poland;

2. President of the Council of Ministers;

3) members of the Council of Ministers;

4. The Ombudsman;

5) Spokesman of the Children's Rights;

6) General Inspector of Personal Data Protection;

7) persons enjoying parliamentary immunity, judicial or prosecutorial immunity;

8) persons enjoying diplomatic or consular immunities pursuant to laws, international agreements or universally recognized international customs.

3. In particularly justified cases, the head of the organizational unit may:

1. release the officer referred to in paragraph. 1, from the obligation to legitimacy of the applicant for admission to the premises of the organizational unit and from the obligations referred to in paragraph. 1 point 3;

2) release the person applying for admission to the area of the organizational unit from the obligation to transfer dangerous objects and prohibited items.

4. The activities referred to in paragraph 1. 1 (1) to (6) shall be carried out in a manner that is as little as possible to violate the personal interests of the person against whom it

5. Persons who are not officers and employees in the manner of carrying out the activities referred to in paragraph 5. 1 points 1 and 3 to 6, shall be entitled to a complaint to the relevant local district court within 7 days from the date on which those operations were carried out.

6. Functional officers and employees in the manner of carrying out the activities referred to in paragraph. 1 point 3 shall be entitled to a complaint to the relevant local district court within 7 days from the date on which those operations were carried out.

7. The Council of Ministers shall determine, by means of a regulation, the detailed modus of the activities referred to in paragraph 1. 1 points 1 to 3 and 5 to 8, the modalities of their implementation and the manner in which the officers are dealt with in this respect, with a view to ensuring the effectiveness of the actions taken by the officers.

Article 19. [ Right of use of coercive measures] 1. In the cases referred to in art. 11 paragraphs 1-6, 8, 9 and 11-14 of the Act of 24 May 2013. with direct coercive measures and firearms (Dz. U. Entry 628 and 1165 and of 2014 items 24 and 1199), the officers may use the direct coercive measures referred to in art. 12 (1) 1 points 1, 2, 4, 6 to 9, 11, 12 (a), (c) and (d) and (14) of that Law, or to use those measures.

2. In the cases referred to in art. 45 points 1 (a), (b) and (e), (2), (3) (a), (5) and (e). 47 points 3, 6 and 7 of the Act of 24 May 2013. with direct coercive measures and firearms, officers may use or use firearms.

3. The use and use of means of direct coercion and firearms and the documentation of this use and use shall be carried out on the principles laid down in the Act of 24 May 2013. with direct coercive measures and firearms.

Article 20. (repealed)

Article 21. (repealed)

Article 22. (repealed)

Article 23. [ Interoperability with Police] 1. In the event of a threat or a breach of the security of an organizational unit or convoy, if the security cannot be provided with the forces and means of its own, the Prison Service interacts with the Police.

2. Police forces may be called upon in the event of a threat or breach of the security of an organizational unit or a convoy in particular associated with the preparation, attempted or accomplishment of a terrorist attack, assault, rebellion, collective escape embedded, the crowd, the fire, the catastrophe or the natural disaster.

3. Depending on the degree and type of threat referred to in paragraph. 2, the cooperation of the Police may rely on the transfer of information which may be relevant to the safety of the organizational unit or persons deprived of liberty, securing the site of the unit or convoy from the outside, introduction of the Police Force on the area of the organizational unit, the restoration of order within the unit or in its vicinity, the strengthening of the Prison Service forces, the seizure of the robbery, the organisation of the pursuit, the recognition of persons deprived of liberty or their evacuation.

4. The Minister of Justice, in agreement with the Minister responsible for internal affairs, shall determine, by means of a regulation, the mode of interoperability referred to in paragraph 1. 1, the authorities required to cooperate and the conditions for the use of the Police Force on the premises of the organisational units and at the time of the convotion, having regard to the need to ensure correct and effective cooperation.

Chapter 4

Processing of information and personal data necessary for the performance of tasks by the Prison Service

Article 24. [ Processing of information and personal data] 1. The Prison Service may process information and personal data, including without the consent and knowledge of the persons concerned, necessary for the performance of the tasks referred to in art. 2.

2. Within the meaning of this Act, the processing of information and personal data shall be understood to mean any operations performed on personal data, such as: collection, fixation, storage, development, alteration, sharing and removal, and especially those that are carried out in the IT systems.

3. The Prison Service shall provide information and make personal data on persons, on a written request, to entities legally entitled, to the extent specified in the Act.

4. The Prison Service, upon the written and reasoned request of the person nearest, shall make the personal data of a person deprived of the liberty, with the written consent of that person.

5. The Minister of Justice shall determine, by way of regulation, the mode of submission and the model of the application for information or the provision of personal data about the person currently or previously deprived of liberty in the detention of an investigator or a detention facility, with the indication of the applicant for information or the provision of personal data, the legal basis, the scope of the data and the information to be provided and the data identifying the person deprived of his liberty, and, in the case of Persons closest to the request, having regard, in particular, to the scope of the the legal rights of the applicants.

Article 25. [ Forwarding information on persons deprived of liberty to the KRK] The Director General shall transmit, in electronic form, information on the persons deprived of his liberty to the National Criminal Register, to the extent specified in the Act of 24 May 2000. o National Criminal Register (Dz. U. of 2015 items 1036 and 1629).

Chapter 5

Officers and staff

Article 26. [ Employment of officers and staff] 1. In organizational units, the officers are served by officers and the employees may be employed.

2. The Minister of Justice shall determine, by way of regulation, the positions on which only officers may serve, taking into account the organisational units and the types of posts and the specificity of the tasks in each of the positions.

Article 27. [ Applicable officers ' rules] Officers and staff should demonstrate adequate general and professional preparation and high moral level, systematically educate themselves and raise professional qualifications. In the proceedings against persons deprived of liberty, they shall, in particular, be:

1) be guided by the principles of the rule of law, impartiality and humanitarianism;

2) respect their rights and dignity;

3) influence positively with its own example.

Article 28. [ Prohibition of the use of information and business contacts for the activities of the post-merits] 1. The officers and employees shall not participate in such activity, which undermines the authority of the Prison Service or in which the information of a business nature is used for the purposes of the services of the Prison.

2. The officers and staff shall be prohibited from holding on to persons other than those resulting from the duties of their service with persons deprived of liberty and the provision of information to unauthorised persons concerning persons deprived of liberty, including after their release.

Article 29. [ Requirements to be submitted to a candidate for hire] An employee may be a person who:

1) has completed 18 years and has full capacity for legal acts and enjoys full public rights;

2) gives a guarantee of the correct execution of the entrusted tasks;

3) was not convicted by a final judgment of the court for a deliberate or intentional criminal offence, or against which the final judgment of a conditionally dead criminal proceedings for such a criminal offence was not handed down, and also did not take place against it criminal proceedings of such a criminal offence;

4) he/she has an appropriate education position;

5) gives a warranty of secrecy, in accordance with the requirements laid down in the provisions of the Act of 5 August 2010. on the protection of classified information (Dz. U. Entry 1228 and from 2015. items 21, 1224 and 2281);

6) has the mental and physical capacity to be employed in a particular post, which is determined by the occupational health service.

Article 30. [ Appendix for employees carrying out duties in regular and direct contact with deprived persons of liberty] 1. Employees carrying out official duties in constant and direct contact with persons deprived of liberty shall be entitled, in addition to the remuneration resulting from separate provisions, to the remuneration of up to 50% of the remuneration basic.

2. The worker referred to in paragraph 2. 1, during and in connection with the performance of official duties, shall enjoy the legal protection provided for in the Act of 6 June 1997. -Penal Code (Dz. U. Entry 553, of late. zm.) for public officers.

3. The employee referred to in paragraph 3. 1, shall be entitled to reimbursement of the costs of defence, if the criminal proceedings, brought against it by a criminal offence or a tax offence committed in connection with the performance of a business activity, shall be terminated by final proceedings: the decision of redemption proceedings in the absence of statutory evidence of a criminal offence or an offence or an acquittal judgment. Such costs shall be reimbursed by the State's budget at the request of the staff member, at the level of the costs actually incurred, not higher than the maximum rate of the remuneration of one defender, as laid down in the provisions adopted on the basis of the Article 16 ust. 3 of the Act of 26 May 1982. -Law on the advocate (Dz. U. of 2015 items 615, 1064, 1224, 1255 and 1311).

Article 31. [ Delegation] 1. The Minister of Justice, in agreement with the Minister responsible for Labour, shall determine, by means of a regulation:

1) the types and lists of posts on which employees perform official duties in constant and direct contact with persons deprived of their liberty, taking into account in particular the nature of the work performed and the organizational units in which the works are executed;

2. the mode of granting of the allowance referred to in Article 30 par. 1, taking into account in particular the positions and functions the occupying or the fullness of which entitles to the appendix, as well as the working time dimension in direct contact with persons deprived of liberty, having an influence on the right to the additive and its height.

2. The Council of Ministers shall determine, by means of a regulation, the types and the list of posts on which the employees are employed under the rules laid down by the Act of 16 September 1982. about employees of government offices (Dz. U. of 2013 r. items 269, of 2014 items 1199 and 2015 items 1220), taking into account, in particular, the nature of the work carried out and the organisational units in which the works are carried out.

Article 32. [ Supervisors of officers and employees] 1. Organizers of organizational units: General Director, District Directors, General Commander of the Prison Service Training Centre, directors of penal establishments and the arrests of investigators and commanders of Prison Service Training Centres and Centres The staff and staff of these units are the superior officers of the Prison Service Personally.

2. Commandant of the Central Training Centre for Prison Service, commanders of the Prison Service Training Centres and Training Centres of the Prison Service are the superiors of the officers and staff trained at these centres.

Article 33. [ Rules of Procedure-Rules of Ethics] 1. The Director-General shall determine by means of the Rules of Procedure:

1) the rules of professional ethics, after consulting the professional union of the officers, taking into account the general values and moral norms, the rules of conduct and conduct of the officer against the detainees, mutual relations of the officers, and the specificity of the profession of officers

2) the way of service by the officers, taking into account the hierarchical subordination of the officers, the business road, the duties of the superior and the subordinates, the rules of justifying the absence or the late in the service, participating in narrative, trainings and business briegings;

3) ceremonial of the Prison Service and ceremonial shell, taking into account the principles of the dedication of honours, the official presentation and reporting of reports by officers, rules and forms of organizing ceremonies, including with the assistance of honour.

2. The rules of professional ethics referred to in paragraph. 1 point 1 shall apply mutatis mutandis to employees.

Article 34. [ Trade unions] 1. The officers may associate themselves with a trade union under the rules laid down in the Act of 23 May 1991. with trade unions (Dz. U. of 2015 items 1881).

2. Only one professional association of officers may operate in the Prison Service. This union has no right to strike.

Article 35. [ Officers serving during the war] Officers remaining in a business relationship on the day of the announcement of the mobilization or on the day when the time of war begins, specified by the President of the Republic of Poland on the basis of art. 4a 1 point 4a of the Act of 21 November 1967. of the universal duty of defence of the Republic of Poland (Dz. U. of 2015 items 827, z poźn. zm.), become under the law of the law officers serving during the war and remain in this service until the release.

Article 36. [ Badge "For the Merit of Penitenciary Work"] 1. The badge of "For the merit of the work of the penitentiary" is hereby established.

2. Odznaka referred to in paragraph. 1, it may be given to officers or employees distinguished by specific achievements in the service or work. The badge can also be given to other people.

3. The Odznaka "For the merit of the work of the penitentiary" gives the Minister of Justice.

4. The Minister of Justice shall determine, by regulation, the detailed mode of transmission and the types and pattern of the badges "For merit in the work of the penitentiary", taking into account the special and solemn nature of the act of giving the badges and:

1) the division of the badges into three degrees;

2) the dates and order of its transmission;

3) superiors entitled to apply for badges;

4) the data which should contain a request to give the badge;

5) how to keep records of persons awarded;

6) how to proceed in the event of loss or destruction of the badge or ID card giving the badge, at the request of the person awarded, and the cost of producing the badges.

Article 37. [ Service ID] 1. A document confirming the identity of the officer and his/her powers resulting from the provisions of this Law and the Act of 6 June 1997. -The executive penal code is a business card.

2. The officer in the performance of business activities outside of the area of the organizational unit shall be obliged to present a service card, in a manner which allows to read and record the data contained therein.

3. The Minister of Justice shall determine, by means of a regulation, the model of official identity of the officer, the detailed way in which it is used and the amendments thereto and the entities competent to issue it, with a view to reading the possibility of reading it by the person concerned in the data contained therein.

4. The Minister of Justice may determine, by way of ordinance, the types and designs of other official documents of the officers and the types and designs of the staff documents of the employees.

Chapter 6

Officers ' business relationship

Article 38. [ Requirements to be submitted to a candidate for an officer] In the service of the Prison, he can serve as a person:

1) having Polish citizenship;

2) having a regulated attitude to military service;

3) exercising full public rights;

4) which gives a guarantee of the correct execution of the entrusted tasks;

5) which has not been convicted by a final judgment of the court for a deliberate or intentional criminal offence, or against which a final judgment is not issued conditionally the death of criminal proceedings for such a crime, and also does not take place against it criminal proceedings of such a crime;

6. giving a guarantee of secrecy according to the requirements laid down in the provisions for the protection of classified information;

7) having at least an average education;

(8) having the physical and mental capacity to perform service.

Article 39. [ Joining The Service-Qualification Procedure] 1. Ascension to the service of the Prison Service is voluntary and follows the positive conclusion of the qualification proceedings.

2. The candidate, together with the written application for admission to the service, shall submit the following documents:

1) completed personalised survey;

(2) a certificate of work or service;

3) documents confirming their education, professional qualifications and specialist qualifications;

4) a completed personal security survey within the meaning of the provisions for the protection of classified information or an up-to-date attestations of personal security, required for the given post;

5) a medical certificate stating the ability to accede to the test of physical fitness;

6) copy of the abridged birth certificate: own, spouse and children; and a copy of the abridged marriage certificate;

(7) other, if the obligation to submit them is due to separate provisions.

3. The qualifying proceedings shall consist of the following stages:

1) the assessment of complex documents;

2) carry out one or more interviews;

3) obtain information about the candidate in the records of the convicted and punished;

4) the candidate's physical fitness test;

5) carry out the examination procedure within the meaning of the provisions on the protection of classified information, if the candidate does not hold a current personal security certificate;

6) establish physical and mental capacity to serve in the Prison Service;

7) draw up an assessment sheet of the candidate's predisposition;

8) approval of the list of candidates by the head of the organizational unit

4. The head of the business unit shall refuse to subject the candidate to the qualification proceedings or shall interrupt this procedure in the case of:

1) failure to place the documents within the prescribed time limit or not to remedy the deficiencies in the documentation within the prescribed additional time limit;

2. failure by the candidate to act or to be examined as provided for in the qualifying procedure;

3) failure to meet the requirements laid down in Art. 38;

4) the negative result of even one of the stages of the qualification proceedings;

5) when it is not justified in the needs of the staff of the Prison Service.

5. The Minister of Justice will determine, by way of regulation, the procedure for conducting the qualification proceedings for the Prison Service, taking into account, in particular, the need to assess the suitability of the candidate for service, the stages of the qualification proceedings and the way it is completed.

Article 40. [ Appointment] 1. The official relation of the officer shall be incurred on the basis of his appointment.

2. The appointment shall follow:

1) for the period of the preparatory service;

2) permanently.

3. The act of appointment of the officer shall be carried out by the manager of the organizational unit in which the officer will serve.

4. The act of appointment shall include:

1) the name of the officer;

2. day of commencing service;

3. the type of appointment referred to in paragraph 1. 2;

4) the position entrusted to the officer with the designation of the organizational unit;

5. giving the degree of Prison Service;

6. the emoluments.

Article 41. [ Wedding] 1. By taking the service, the officer shall submit a written vow according to the following rota:

" I, a citizen of the Republic of Poland, ascending to the Prison Service, vow to solemnost: to reliably perform the tasks assigned to me by the officer of this Service and to the command of the superiors, observing the Constitution of the Republic of Poland and all the law, as well as the secrets of the service, as well as the rules of professional ethics, with particular regard to respect for human dignity and with attention to the good name of the service. '

The vow can be made with the addition of the words "So help me God".

2. Refusal of the vow shall result in the validity of the instrument of appointment.

Article 42. [ Preparatory service] 1. The officer shall be a preparatory service for a period of 2 years.

2. The period of the preparatory service shall be aimed at the preparation and training of the officer and the verification of whether the personal characteristics, character and abilities justify its suitability for service.

3. In cases justified by the special qualifications of the officer, who in addition has completed the appropriate vocational training, the Director General, at the request of the competent manager of the organizational unit, may consent to the shortening of the period of service the preparatory officer's preparatory work.

4. In the event of a break in the performance of the official duties of a service of more than 3 months, the head of the business unit may extend the period of his preparatory service accordingly, not more than by 12 months.

5. The period of the preparatory service shall be extended until the final termination of the proceedings against the officer of the criminal proceedings for a deliberate offence, prosecuted against public prosecutions or a deliberate tax offence, proceedings for a period of parental leave or for a period of parental leave or free of charge

(6) Rules on permanent officers shall be applied to officers in the preparatory service, if the law does not provide otherwise.

7. Upon serving the preparatory service by the officer, the head of the organizational unit shall appoint him permanently if he obtains a positive official opinion confirming the achievement of the objectives referred to in the paragraph. 2.

8. The act of appointment as permanent referred to in paragraph 1. 7, contains:

1) the rank of the Prison Service, the name of the officer;

2) the position occupied by the officer with the designation of the organizational unit in which he is fully serving;

3) the day of appointment.

Article 43. [ Documentation for the conduct of the officers ' service] 1. The head of the business unit shall keep records of the officers ' service in the personal file.

2. The Minister of Justice shall determine, by means of regulations, the means of carrying out documentation on matters relating to the official relations of officers in personal files, the types of documents collected in them, the manner of their records and the designs documents in these cases, in particular:

1) the breakdown of documents in the file on:

(a) collected in the course of the proceedings for the Prison Service,

(b) relating to the establishment and conduct of a business relationship,

2) the way of sharing and familiarizing with personal records,

(3) how entries and amendments are made,

4) how to exclude documents from personal files,

5) the way of setting up the act of surrogate if necessary to send the officer's personal files to the court, the public prosecutor's office or any other authorized body,

6) how to store personal records

-having regard to the correctness of documenting the course of service.

Chapter 7

Positions, degrees of Prison Service and salary of officers

Article 44. [ Service posts in the Prison Service] 1. The service stations in the Prison Service are divided into officers, ensign and subofficers.

2. At officers ' positions shall be required to have a master's or equivalent professional title, to complete a vocational training completed with the first degree of an officer's examination and to complete a specialist training course.

3. In the Ensign positions, there is a need for a Bachelor's or equivalent professional title, the completion of a vocational training completed with the introduction of an examination for the first stage of the Ensign and the completion of a specialist training course.

4. At the subofficers ' positions, there is a need to have secondary education, to complete the vocational training completed with the introduction of the first degree of subofficers, and to complete the training course.

Article 45. [ Preliminary and professional training] 1. The officer shall, as soon as the service is admitted, receive initial training, which shall consist of a preparatory course and a professional practice.

2. The officer may start the vocational training after the positive completion of the initial training.

3. The Minister of Justice will determine, by way of regulation, the detailed conditions for initial, professional, specialist and professional training in the Prison Service, the types, forms, conditions and mode of their being held, and the organisation and the way of training and professional development and supervision of their implementation, with a view to the need to improve the qualifications of the officers.

4. The Director General shall specify, by means of ordinances, pre-training, professional and specialised training programmes in the Prison Service and the duration of the training.

Article 46. [ Appointment of an officer for a post office] The appointment of a staff officer, with the exception of a senior management position in the Prison Service referred to in Chapter 8, shall be carried out by the head of the organisational unit.

Article 47. [ Appointment for the first position of officers, Ensign or Officers] 1. The officer of the service admitted to the service shall be appointed to the first position of an officer, sick or subofficer, if he meets the requirements of education, prior to obtaining certain professional qualifications and the service of the service.

2. The service of the service required for the occupancy of a particular service shall not include parental leave and leave free of charge.

3. The appointment of the officer to the higher office shall be carried out at the request of the immediate superior of the officer, addressed to the superior competent to appoint the officer for that position.

Article 48. [ Consent to the appointment of the officer for a higher position before obtaining the qualification and the corresponding trainee] 1. In particularly justified cases, the Director General, at the request of the competent superior, may consent to the appointment of the officer for a higher position before obtaining his professional qualifications and the internship of the service. required in this post, if it meets the requirements for education. The professional qualifications of the officer shall be obtained within a period of 3 years from the appointment of the service officer.

2. The Director General may, in particularly justified cases, at the request of the competent superior, give the rank of a younger ensign to a Prison Officer who does not meet the requirements for education.

Article 49. [ Corps and degrees of Prison Service] A Prison Corps and grades shall be established in the following order:

1) in the Corps of the Prison Service:

(a) serial Prison Service,

(b) the senior Private Prison Service;

2) in the corps of the Prison Service sub-officers:

(a) The Corporal of the Prison Service,

(b) senior corporal of the Prison Service,

(d) Prison sergeant,

e) Senior Sergeant of the Prison Service,

(f) the Staff Sergeant of the Prison Service,

(g) the senior staff sergeant of the Prison Service;

3) in the corps of Ensign Prison Service:

(a) the junior ensign of the Prison Service,

(b) Prisoners of Prison Service,

4) in the corps of the officers of the Prison Service:

(a) Prison Service lieutenant,

(b) Prison Service Lieutenant,

(d) Major Prison Service,

(e) colonel of the Prison Service,

(f) Colonel Prison Service,

(g) General Prison Service.

Article 50. [ Serial and Senior Private Prison Service] 1. The ranks of the ranks and senior Private Prison Service gives the head of the organizational unit. The rank of rank shall be given on the day of appointment for the first official position.

2. Degrees in the corps of the Prison Service subofficers give:

1) the district director-officers serving in the organizational units at the premises of his/her activity;

2. The Director-General-officers serving in the Central Board of Prison Service, as well as officers serving in other organisational units directly subordinate to the Director General.

3. Degrees in the corps of Ensign Prison Service gives the Director General.

4. The first degree in the corps of the officers of the Prison Service and the rank of the General Prison Service gives the President of the Republic of Poland upon request of the Minister of Justice. The other grades in the corps of the Prison Service officers give the Minister of Justice.

Article 51. [ First degree in the corps of the subofficers, the corps of the ensign and the corps of officers] 1. The first degree in the corps of the subofficers, the corps of the ensign and the corps of the officers shall be given to the officer who has submitted the examination for the first degree of the subofficer, the sick or the officer respectively.

2. The degrees referred to in paragraph 2. 1, shall be suitable for the day of the exam.

Article 52. [ Giving another higher degree] 1. Overcoming of the next higher degree may take place according to the official position of the service and the education held, and depending on the assessment of the performance of the service. A degree may be made on the basis of the relevant request of the competent supervisor.

2. Granting of the degree referred to in paragraph. 1, shall not take place earlier than after the expiry of the relevant period of service, which shall be:

1) in the rank of the serial Prison Service to the extent of the Senior Private Prison Service-1 year;

2) in the corps of the Prison Service sub-officers to the extent:

a) The corporal of the Prison Service-2 years,

b) Senior Corporal of Prison Service-2 years,

(d) Sergeant Prison Service-2 years,

(e) Senior Sergeant Prison Service-2 years,

(f) Sergeant of the Prison Service, 2 years old;

3) in the corps of Ensign Prison Service to the extent of:

(a) the younger Ensign Prison Service-3 years,

(b) Ensign Prison Service-3 years;

4) in the corps of the officers of the Prison Service to the extent:

(a) Prison of the Prison Service-3 years,

(b) lieutenant of the Prison Service-4 years,

(d) Major Prison Service-4 years,

(e) Lieutenant colonel of the Prison Service-4 years.

Article 53. [ Term Grant] 1. Granting occurs on the occasion of the Day of the Prison Service and the National Independence Day.

2. In particularly justified cases:

(1) a degree may be made at a different time than that referred to in paragraph 1. 1;

2) the degree may be given to the officer posthumously.

Article 54. [ Degrees life] The grades of the Prison Service are life-free, taking into account art. 53 (1) 2 point 2.

Article 55. [ Delegation] The Minister of Justice shall determine by way of regulation:

1) the types of service stations of officers, ensign and sub-officers in organizational units,

2) the service of the service required to occupies particular positions,

3) required to occupy certain positions the type of general education and the training of the specialist,

4) maximum grades assigned to individual posts,

5) grant mode to officers

-having regard to the need for the officers to have the appropriate specialised qualifications in specific service positions.

Article 56. [ Salesmanship] 1. From the title of service, the officer shall receive the salary.

2. The right to emoluments shall arise from the date of appointment of the officer for the first official position.

3. The average salary of the officers shall be a multiple of the amount of the basic amount, the amount of which shall be determined according to the separate rules of the budget law.

4. The Council of Ministers shall determine, by means of a regulation, the multiples of the amount of the basic amount referred to in paragraph 1. 3, having regard to the specificity and conditions of the service.

Article 57. [ Salaments] 1. The salary of an officer shall consist of basic salary and allowances for basic salary of a permanent nature.

2. The amount of the basic salary of an officer shall be subject to the grade of his official duty.

3. The Minister of Justice, in agreement with the Minister responsible for Labour, shall determine, by means of a regulation, the grade of the individual posts and the corresponding multiplication of the basic salary, Having regard to the differentiation of qualification requirements and the specificities of service in different types of service in different types of organisational units.

Article 58. [ Allowances for basic salary of a permanent nature] 1. The officers shall receive the following supplements to basic salary of a permanent nature:

1) an appendix for the service of years in the amount of:

(a) 5% of basic salary, after 2 years of service,

(b) 10% of basic salary, after five years of service,

(d) 20% of basic salary, after 15 years of service,

(e) 25% of basic salary-after 20 years of service,

(f) 30% of basic salary-after 25 years of service,

(g) 35% of basic salary, after 30 years of service;

2. appendix per step;

3. service allowance.

2. In establishing the allowance for the service of years shall be taken into account the period of the basic military service within the meaning of the provisions of Chapter 3 of Chapter 3 of the Act of 21 November 1967. the universal duty of defence of the Republic of Poland and the periods of employment in full-time organisational units.

3. The Minister of Justice, in agreement with the Minister responsible for the work of the work, will determine, by regulation, the conditions and the procedure for the granting of additives to basic salary of a permanent nature, in particular the amount of those allowances, the manner in which they are the calculation and, in the case of the official allowance referred to in paragraph 1, Article 1 (3), also the conditions for reducing it, taking into account the scope of the duties and their specificity.

Article 59. [ Change of emoluments] 1. The change of salary shall take place on the date on which the circumstances justifying the change are in place.

2. If the entitlement to the emoluments has been created or changed during the month, the salary shall be calculated in the amount of 1/30 part of the monthly salary for each day by the end of the month.

3. The right to emoluments shall expire on the last day of the month in which the official duty of the officer has ceased or other circumstances justifying the termination of that right.

Article 60. [ Salary in case of leave, exemption from business activities and during the period of stay at the disposal] In the event of leave, dismissal from business activities and during the period of stay at the disposal of the officer, the basic salary and fixed-term allowances and other pecuniary duties payable on the most recently occupied business position shall be assigned to the officer, with the amount of the allowance being paid. the changes which affect the right to emoluments and other charges arising during that period, or on their amount.

Article 60a. [ Salary for the period of maternity and paternity leave] 1. The monthly salary of an officer for the period laid down by the provisions of the Labour Code as the period of maternity leave, the period of leave on the terms of maternity leave and the period of paternity leave shall be 100% of the monthly salary referred to in art. 60.

2. The monthly salary of an officer for the period laid down by the provisions of the Labour Code as the period of parental leave shall be:

1) 100% of the monthly salary referred to in art. 102, for the period to:

a) 6 weeks of parental leave, in the case referred to in art. 182 ^1a § 1 (1) and Article 1 (1) 183 § 4 point 1 of the Labour Code,

(b) 8 weeks of parental leave, in the cases referred to in Article 182 ^1a § 1 point 2 and art. 183 § 4 point 2 of the Labour Code,

2) 60% of the monthly salary referred to in art. 102, for the period of parental leave falling after the periods referred to in point 1.

3. Monthly salary of an officer-a woman who, in the application, submitted not later than 21 days after childbirth, will request her, immediately after maternity leave, parental leave in full-time, amounts to 80% of the monthly salary, referred to in art. 60, for the entire period corresponding to the period of these holidays.

3a. Where the amount of the officer's salary minus the advance payment of the personal income tax calculated in accordance with the paragraph shall be calculated in accordance with paragraph 3, the amount of the amount of the amount of the amount 1-3, it is lower than the amount of the parental benefit, as defined by the Act of 28 November 2003. on family benefits (Dz. U. of 2015 items 114, z Late. zm.), the amount of the officer's salary, less the advance payment on personal income tax, is increased to the amount of the parental benefit.

4. Paragraph Recipe 3 shall apply, mutatis mutandis, to the officer who, in the application, submitted no later than 21 days after the adoption of the child's education and speech to the procuring court with a request to initiate the procedure for adoption of the child's adoption or after the adoption of the the child to be raised as a foster family, with the exception of the foster care family, shall be requested to grant him, immediately after the leave on the terms of maternity leave, the parental leave in full term.

5. The officer, who, due to the application made in the mode of the mouth. 3 or 4 received 80% of the emoluments referred to in paragraph 1. 3, in the case of the resignation of a full-time parental leave or the resignation of parental leave in the dimension referred to in paragraph. Article 2 (2) shall have a one-off payment of the salary received referred to in paragraph 2. 3, up to a maximum of 100%, provided that the salary is not collected for the period corresponding to the periods of such leave.

Article 60b. [ Substitution] Where there is a need to replace an officer during his/her absence in the service of maternity leave, maternity leave, paternity leave, parental leave or parental leave, the head of the business unit may, for this purpose, employ a staff member on the basis of a fixation contract, including the time of absence.

Article 60c. [ Height of emoluments during the period of residence on sick leave] 1. In the period of residence on sick leave, the officer shall receive 80% of the emoluments.

2. The medical exemption covers the period during which the officer is exempted from the business activities due to:

1) an officer's illness, including the impossibility of carrying out business activities for the reasons set out in art. 6 para. 2 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity (Dz. U. of 2016 r. items 372);

2) donation of blood or its components in the organizational units of the public blood service or due to periodical examination of blood donors;

3) the need for the personal care of the sick child or the spouse of the officer, the child of the adopted child, the child adopted for the education and maintenance, until the completion of the 14. year of life;

4) the need for personal care of the sick family member; for family members, the spouse, parents, parent of the child of the officer, stepfather, stepmother, mother-in-law, grandparents, grandchildren, siblings and children aged over 14 years shall be considered as members of the family, if they remain in the common household with the officer during the period of care;

5) the need for personal care of the child's own child or the spouse of the officer, the child of the adopted child, the child adopted for the education and maintenance, until the completion of the 8. year of life, in the case of:

(a) an unforeseen closure of a nursery, a children's club, a kindergarten or a school to which the child attends, as well as in the case of a non-sickness-sickness with which the parents have an activation contract referred to in art. 50 of the Act of 4 February 2011. on the care of children under the age of 3 (Dz. U. of 2016 r. items 157), or a daily caretaker, who is taking care of the child,

(b) the birth or illness of the spouse of the officer or the parent of the child of the officer, who is constantly taking care of the child, if the childbirth or illness makes it impossible for that spouse or parent to have custody of the child,

c) stay of the spouse of the officer or the parent of the child of the officer, constantly taking care of the child, in the hospital or other - [ 1] a fixed and 24-hour health care medicinal product.

3. Exemption from business activities due to the necessity of the personal care referred to in the mouth. In the case referred to in paragraph 2, points 3 and 5 shall be granted for a period of not more than 60 days in the calendar year and in the case referred to in paragraph 2. 2 points 4-for a period of not more than 14 days in a calendar year, the total periods shall not exceed 60 days in a calendar year.

4. Paragraph Recipe 3 shall apply regardless of the number of children and other family members requiring care.

5. If the medical exemption covers the period during which the officer is exempted from the business activities due to:

(1) an accident which is in connection with the service,

2) disease arising in connection with specific properties or conditions of service,

3) accident on the way to the place of duty or on the way back from the service,

4) the disease accidentally during pregnancy,

5. to undergo the necessary medical examinations for candidates for donors of cells, tissues and organs and to undergo a procedure for the collection of cells, tissues and organs,

6) donations of blood or its ingredients in the organizational units of the public blood service or due to a medical examination of the blood donors,

7) stay on observation in the medicinal product as a result of referral by a medical committee

-he shall retain the right to 100% of the emoluments.

6. The right up to 100% of the emoluments shall also be entitled when the officer has been discharged from the service activities:

1) as a result of committing by another person a deliberate act prohibited in connection with the performance by an officer of a business activity, found by a decision issued by the authorized body;

2) as a result of acts of a heroic character made in particularly dangerous conditions, with a demonstration of exceptional courage, with the exposure of life or health, in defence of the right, inviolability of national borders, life, property or security of citizens.

7. The union of exemption from business activities with the actions referred to in paragraph. 6 point 2, the decision is to be submitted in writing.

Article 60d. [ Evidence of incapacity for service] The period of time for medical exemption shall state the medical certificate issued in accordance with the provisions of Article 4 (1) (a). 55 par. 1 and Art. 55a ust. 7 of the Act of 25 June 1999. for sickness and maternity insurance monetary benefits or the printout of the medical certificate referred to in Article 55a ust. 6 of this Act, except that:

1. the cause of the inability to serve as a result of the necessary medical examinations for the candidates for donor cells, tissues and organs and the inability to serve as a result of undergoing treatment for the collection of cells, tissues and organs- the certificate issued by the doctor on ordinary printing in accordance with the provision of art. 53 (1) 3 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity;

2) in the case referred to in art. 60c ust. 2 point 2-attestasof the public body of the public blood service;

3) in the case referred to in art. 60c ust. 2 point 5 (a) a-statement by the officer;

4) in the cases referred to in art. 60c ust. 2 point 5 (a) b and c-a medical certificate issued by a doctor on a regular print;

5) in the case referred to in art. 6 para. 2 point 1 of the Act of 25 June 1999. for sickness and maternity cash benefits in the event of sickness and maternity, a decision issued by the competent authority or an eligible entity on the basis of the provisions on the prevention and control of infections and communicable diseases in humans.

Article 60da. [ Notification of a medical certificate] The service of a medical certificate shall take place using the information profile referred to in Article 4. 58 par. 1 of the Act of 25 June 1999. on the benefits of social security in the event of sickness and maternity, on the basis of the principles set out in that Act. The managers of the organisational units of the Prison Service shall use or create the information profile of the payer of the contributions referred to in art. 58 par. 1 of this Act.

Art. 60e. [ The date of delivery of the medical exemption, the certificate or the decision] 1. Print the medical certificate referred to in art. 55a ust. 6 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity, the medical certificate referred to in art. 55a ust. 7 of this Act, a certificate issued by a doctor on ordinary print in the cases referred to in art. 60c ust. 2 point 5 (a) b and c and in art. 60d (1), the establishment of the public body of the blood service or the decision referred to in art. 60d point 5, the officer shall be obliged to provide the manager of the organizational unit in which he is serving, within 7 days from the day of receipt.

2. A statement of the circumstances referred to in art. 60c ust. 2 point 5 (a), the officer shall be obliged to submit to the manager of the business unit in which the officer is in service within 7 days of the day of their establishment.

3. In the event of failure to comply with the obligation referred to in paragraph. 1 or 2, absence in service during the period of residence on sick leave shall be deemed to be an unjustified absence, unless the failure to provide a certificate or a declaration has been made for reasons beyond the control of the officer.

Article 60f. [ Control of the correctness of the use of medical exemptions and the officer's statement] 1. The correctness of the adjudication of the temporary incapacity for service due to illness, the correctness of the use of the medical exemption, the fulfilment of the requirements of formal medical certificates and the statement of the officer referred to in art. 60d, point 3, may be subject to control.

2. The control shall carry out:

1) medical committees subordinate to the minister competent for internal affairs, in the case of the regularity of the adjudication of the temporary incapacity for service by reason of the illness and the correctness of the use of the medical exemption;

2) the head of the organizational unit in which the officer is serving-as far as the correctness of the use of the medical exemption and the fulfilment of the requirements of formal medical certificates and the statement of the officer in question referred to in Article 60d, point 3.

3. If, as a result of the check, the incorrect use of the medical exemption is established, the officer shall lose his entitlement to the emoluments for the entire period of exemption.

4. If, as a result of the inspection, it will be determined that the statement of the officer referred to in art. 60d (3) has been untruthfully complex, the officer shall lose his entitlement to the salary for the entire period of his dismissal.

5. If, as a result of checks, the medical committee determines the date of cessation of the incapacity for service earlier than the date of the medical certificate, the officer shall lose the right to pay for the period from that date to the end of the exemption.

(6) If, as a result of checks, it is established that the medical exemption has been falsified, the officer shall lose his entitlement to the salary for the entire period of his dismissal.

7. Control of the correctness of the use of medical exemptions is to determine whether the officer during the period of the case incapacity, including the exercise of personal care of the child or any other member of the family, does not use the exemption in a way that is not consistent with its purpose, and in particular whether it does not make a gainful job.

8. Audit of the officer's statement, referred to in art. 60d point 3 is to determine whether there has been an unforeseen closure of a nursery, a children's club, a kindergarten or a school to which the child of the officer is attending, or whether or not the nanny or the daily guardian of the child has been on release. -

9. The control of the correctness of the use of the medical exemption and the statement of the officer referred to in art. 60d point 3, shall carry out the person authorized by the officer of the officer.

(10) In the event of a finding in the course of a check that the officer is engaged in gainful employment or uses a medical exemption otherwise incompatible with his purpose, the person responsible shall draw up a protocol in which he/she shall state the incorrect the use of the medical exemption.

11. In the event of a finding in the course of the audit, that the statement of the officer referred to in art. 60d point 3, is not true, the inspection person shall draw up a protocol.

(12) The protocol shall be presented to the officer in order to make any observations. The officer's comments are confirmed by his own signature.

(13) On the basis of the findings of the minutes, the supervisor shall state the loss of the entitlement to the emoluments for the period referred to in paragraph 1. 3 or 4. The provision shall apply mutatis mutandis in the case of a notification by a medical committee to the minister competent for internal affairs as a result of the review by that committee of irregularities in the use of the medical exemption.

14. Control of the requirements of formal medical certificates shall consist in verifying that the certificate:

1) has not been falsified;

2) has been issued in accordance with the rules on the rules and mode of issuing medical certificates.

15. If, as a result of the checks referred to in paragraph 1, the In accordance with Article 14 (1), there is a suspicion that a medical certificate has been tampered with, that is to the doctor who issued the medical certificate, to clarify the case.

16. In the event of a suspicion that a medical certificate has been issued not in accordance with the rules on the rules and mode of issuing medical certificates, the supervisor is requested to clarify the case to the field organisational unit of the Insurance Institution Social.

Article 60g. [ Rules for the calculation of the salary] 1. The basis of the emoluments referred to in art. 60c, shall constitute a basic salary, including permanent appendices, entitled to the officer in the last business position, taking into account the changes which have arisen during that period, affecting the right to emoluments and other amounts receivable or their amount.

2. When calculating the salary for a period of residence on sick leave, it shall be accepted that the salary for one day of residence on sick leave shall be 1/30 of the salary referred to in Article 3. 60c.

3. In the event that the officer has already taken the salary for the period during which he has been on sick leave, he shall be treated with the appropriate portion of the salary at the earliest disbursed.

4. The officer who has been on sick leave in the last month of the service shall be entitled to an appropriate part of the salary payable by him for the discharge from the service or the officer shall reimburse the relevant part of the payment. salaries on the day of cessation of business relationship.

Art. 60h. [ The purpose of the funds obtained from the reduction of the salaries of officers during the period of residence on sick leave] 1. The financial resources resulting from the reduction of the salaries of officers during the period of residence on sick leave shall be allocated in full to the discretionary awards for the performance of the duties of the officers in office for the purposes of the replacement of the officers of the Member State in which the medical dismissal.

2. The financial resources referred to in paragraph 2. 1, increase the fund for annual awards, discretionary awards and oblivion.

3. Chapter of the financial resources referred to in paragraph. 1, takes place at the end of the settlement period, lasting not less than one calendar month and no longer than 3 calendar months, with the choice of the clearing period dependent on the size of the financial resources obtained from the title reducing the salaries of officers.

Art. 60i. [ Reduction of basic salary not taken into account for the determination of the benefit assessment base] The reduction of basic salary together with allowances of a permanent nature for the period of residence on sick leave shall not be taken into account for the determination of the basis of the benefits referred to in Article 4 (1). 100, art. 101 (1) 1, art. 102 (1) 1 and Art. 193 1 points 1 and 4.

Article 61. [ Arbitrary leave of duty-suspension of payment of salary] 1. The officer who has left the service himself, or who remains outside of his service or who is not in service, shall suspend payment of the salary from the nearest payment deadline. If the officer has already taken a salary, he shall have his/her nearest payment of 1/30 of the monthly salary for each day of unjustified absence.

2. In the event of recognition of the absence as justified, the officer shall be paid the suspended and deducted part of the emoluments.

(3) In the event of a failure to comply with the official duty, the provisions of the paragraph shall apply mutatis mutandis. 1 and 2.

Article 62. [ Deadlines for payment of salaries and allowances] 1. Basic salaries and allowances for permanent emoluments shall be paid directly at the hands of the officer, subject to the paragraph. 3.

2. Basic salaries and allowances for permanent emoluments shall be paid monthly in advance on the first working day of each month.

3. The basic salary and allowances of a fixed salary on a written request of the officer may be paid in a non-cash form to the indicated bank account number within the time limit referred to in paragraph. 2.

Chapter 8

Senior managerial positions in the Prison Service

Article 63. [ Higher managerial positions in the Prison Service] 1. Posts:

1. Director-General,

2. Deputy Director General,

3) the district director,

4) Deputy District Director,

5) the director of the penal facility and the director of the detention facility,

6) deputy director of the criminal establishment and deputy director of the detention centre,

7) Commandant of the Central Prison Service Training Centre, the Commandant of the Prison Service Training Centre and the Commandant of the Prison Service Personen Training Centre,

8) Deputy Commandant of the Central Prison Service Training Centre, Deputy Commandant of the Prison Service Training Centre and Deputy Commandant of the Prison Service Personen Training Centre

-they are senior management positions in the Prison Service.

2. A seated officer occupying a higher managerial position in the Prison Service, if the provisions of the Act do not provide otherwise, shall be:

1) The Minister of Justice-with regard to the Director General;

2. Director General-in relation to Deputy Director General, District Director, Commandant of the Central Prison Service Training Centre, Head of the Prison Service Training Centre and Head of the Service Personen Improvement Centre Imprisated directly to him;

(3) the district director, in respect of the Deputy District Director, the Director of the Criminal Court and the Director of the Detention Centre and the Commandant of the Prison Service Personally Improvement Centre;

4) the director of the criminal establishment and director of the remand detention facility, the Central Command of the Prison Service Training Centre, the commandant of the Prison Service Training Centre and the Commander of the Centre for the Improvement of the Prison Service Personen-in relation to its deputies.

Article 64. [ Appointment and dismissing of the Director General and Deputy Director General] 1. The Director General shall appoint and dismiss the President of the Council of Ministers at the request of the Minister of Justice.

2. The Deputy General Director shall appoint, among the officers of the Prison Service, and shall refer the position of the Minister of Justice on a proposal from the Director-General.

Article 65. [ Appointment and dismissals of the district director and deputy district director] 1. The district director shall appoint, from the Prison Service officers, and shall refer the position of the Minister of Justice on a proposal from the Director General.

2. The Deputy of the district director shall appoint, from among the officers of the Prison Service, and shall refer the position of the Director General upon the request of the district director.

Article 66. [ Appointment and dismisation of the director of the criminal establishment and the director of the detention centre] 1. The Director of the Criminal Court and the director of the detention centre shall appoint, among the officers of the Prison Service, and cancel the position of the Director General upon the request of the competent district director.

2. The deputy director of the criminal and deputy director of the detention centre shall appoint, among the officers of the Prison Service, and dismiss the position of the district director upon the request of the director of that criminal establishment or the director of this detention centre.

Article 67. [ Appointment and reference of commandant] 1. Commandant of the Central Prison Service Training Centre, Commandant of the Prison Service Training Centre and Head of the HR Training Centre of Prison Service appoints, among the officers of the Prison Service, and cancels the Director's position General.

2. Deputy Commandant of the Central Prison Service Training Centre, Deputy Commandant of the Prison Service Training Centre and Deputy Commander of the HR Training Centre of the Prison Service appoints, among officers of the Prison Service, and cancelling the position of the Director General.

Article 68. [ Officer's appeal of the post] 1. The service officer serving on a service post held on the basis of appointment may be revoked at any time or within a specified time limit from that post.

2. The appeal of the officer from the position shall not cause the business relationship to be established.

3. The officer shall retain the position of official business, for which the Act does not provide for appointment. However, you can move it to another, at least an equivalent position, in the same or different organizational unit. Article Recipe 72 par. 1 shall apply.

4. The officer of the dismissed from the position occupied may be transferred with his consent, respectively, at the disposal of the competent supervisor referred to in art. 63 par. 2. The period of remaining of the officer at the disposal shall not be longer than 6 months. After the expiry of that period, the officer shall either appoint or transfer to another post. The appointment or transfer to a business position lower than that previously held by the officer shall be subject to the agreement of the officer. In the absence of consent, the officer shall be relieving himself of the service.

5. During the period of stay at the disposal, the officer shall retain the right to the emoluments and other cash benefits of the most recently occupied position, taking into account the changes which have arisen during that period of time affecting the right to salaries and other cash benefits or at their height.

6. During the period of stay at the disposal of the officer is obliged to perform the duties of the service at the command of the superiors at which the dispatch remains.

Chapter 9

Amendment of the conditions of the service of officers

Article 69. [ Move officer to serve in a different business unit] 1. The officer may be from office transferred to serve in another organizational unit in cases justified by valid needs of the service. The officer may also be transferred to his/her own request, if they do not prevent the service from being overtaken.

2. The transfer of the officer and the definition of his official position shall be the following:

1. The General Director-in the territory of the country;

2. the district director-in the area of his activity.

Article 70. [ Delegate of the officer] 1. The officer may be from office posted for up to 6 months for temporary duty to serve in another organizational unit, including to the institution of the budgetary economy referred to in art. 8 ust. 5, in cases justified by valid needs of the service; re-delegation or further delegation before the expiry of 2 years requires the consent of the officer. An officer may also be delegated at his/her own request if they do not preclude business considerations.

2. The delegation of the officer and the definition of his official position shall be:

1. The General Director-in the territory of the country;

2. the district director-in the area of his activity.

3. The competent head of the organisational unit shall be delegated to participate in the training and professional training of the officer.

Article 71. [ Prohibition of transferring or delegating an officer to serve in a different business unit] You cannot, without the consent of the person concerned, transfer or delegate to serve in a different business unit:

1) an officer of a pregnant woman;

2. a self-service officer for the child under 14 years;

3. a self-service officer who takes care of a child who is incapable of work or self-existence, before the child reaches 18 years of age or to complete a study, but no longer than he reaches 25 years of age;

4) an officer who is in charge of the child who is completely unable to work, regardless of his age.

Article 72. [ Retention of the entitlement to the emoluments in the previous position] 1. The officer transferred to the post office, assigned to a lower basic salary, retains the right to a salary collected in the previously occupied position until the basic salary has been obtained so far. download or higher.

2. The provision of the paragraph. 1 shall not apply to officers transferred to a lower business position on the basis of an art. 85 (1) 1 and paragraph. 2 paragraphs 2 and 3, as well as to the officers carried over at their own request.

3. The Director General, at the request of the relevant manager of the organizational unit, in cases particularly justified may give consent to the conduct by the officer referred to in the paragraph. 2, transferred to a post-service post included in the lower basic salary, the right to a salary payable in the previous post.

Article 73. [ Claims held by posted or transferred officer] 1. In the event of a transfer from the office to serving in another locality or the secondment to a temporary service, the officer shall be entitled to the dwelling or temporary accommodation referred to in Chapter 18.

2. The officer who is delegated to serve in another locality shall be entitled to a duty on a business trip in the territory of the country.

3. The officer transferred from the office to the service in another locality shall be entitled to the transfer receivables:

1) diet for him and family members, referred to in art. 176, for the duration of the journey and the first day of stay in the new place of residence;

2) a lump sum to cover the costs of the journey to the new place of residence of the persons referred to in point 1;

3) the housing allowance;

(4) a lump sum for the transfer;

5) reimbursement of the cost of transporting the household appliance

6. reimbursement of the costs of the journey to the place of duty and back where the members of the family referred to in art. 176, remain in the current place of residence.

4. The Minister of Justice, in agreement with the Minister responsible for the matters of work, shall determine by way of regulation, the amount and the mode of granting and payment of the duties referred to in paragraph 1. 2 and 3, having regard to the time of business travel.

Article 74. [ Delegation of an officer to serve outside the Prison Service in the country or outside the State] 1. The Director General may deploy an officer, for a time determined and with his consent, to serve outside the Prison Service in the country or outside the State.

2. The officer may be seconded to serve outside the Prison Service in order to carry out the tasks specified in the Act or tasks specified in other statutes or in ratified international agreements.

3. The officer may be seconded to:

1. a national authority serving a public authority in which the tasks of a nature referred to in the paragraph are executed. 2, hereinafter referred to as the 'national institution';

2) the office, organization or international institution or the foreign state in which the tasks referred to in the paragraph are carried out. 2, hereinafter referred to as 'Foreign Institution'.

Article 75. [ Application for the secondment of an officer to serve outside the Prison Service] 1. An application for the secondment of an officer to serve outside the Prison Service may occur:

1) the organs of the Prison Service;

2. bodies of national institutions;

3) bodies of foreign institutions.

2. The application referred to in paragraph 2. 1, it should specify the name of the institution, the office designated for the officer, the professional qualifications required to occupy this position, the nature and extent of the tasks and duties performed on that position, and the expected period of time Secondment The request of a foreign institution shall, in addition, include the determination of the powers and claims available to the seconded officer in that institution.

Article 76. [ Consent of the officer in the form of a written statement] Secondment to service outside the Prison Service follows the consent of the officer in writing, in the form of a written declaration, including, in particular, the name of the institution and the official position of the officer, the nature and the extent to which tasks and responsibilities are carried out, as well as the period of secondment.

Article 77. [ Inclusion of the proposal] Where the application referred to in Article is taken into account. 75, General Director:

1) include-for the purposes of serving the service of the Prison Service and the calculation of the salary and other pecuniary duties of the officer during the period of secondment-the official position referred to in the application to the relevant salary group basic officers and determine the degree of Prison Service to which this position is assigned, with the emoluments of the officer calculated in this manner not to be lower than that previously received;

2) secondment of an officer to a specified institution.

Article 78. [ Appointment of an officer for official duty as requested] 1. The body of the national or foreign institution shall appoint an officer to the post of office in accordance with the request referred to in art. 75.

2. The body of a national or foreign institution may appoint an officer to a different business position than specified in the application referred to in art. 75 if the Director General and the Officer agree to this by means of a written declaration.

Article 79. [ Allowances and allowances for the seconded officer] 1. The delegated officer shall be entitled to allowances and benefits, including salary and other cash benefits, on the basis specified in the Act.

2. The seconded officer shall apply the provisions applicable to the staff member employed on the official position occupied by the officer, in particular concerning the duties of the employer and the employee, distinctions and penalties, time work, health and safety at work, awarding prizes, as well as working regulations.

Article 80. [ Payment of salaries and prizes, issuing of benefits in kind and granting of leave to the seconded officer] 1. The national institution to which the officer is seconded shall pay the seconded officer:

1. the emoluments;

2. annual prizes, in proportion to the duration of the secondment;

3) discretionary awards.

2. The organization unit in which the officer has served prior to secondment shall issue benefits in kind and pay their equivalents, and shall pay other than those mentioned in the paragraph. 1 claims and cash benefits payable to an officer in respect of the duty to be held.

3. The delegated leave officer shall give the authority of the institution to which he has been seconded, on the basis and in the dimension specified in the law.

Article 81. [ Cancellation of a secondment officer] 1. The Director General, if justified by the needs of the Prison Service, may revoke the officer from the secondment, even without his consent.

2. The body of the national or foreign institution, at least monthly in advance, may request the Director General to appeal the officer from the secondment.

3. The Director General shall cancel the Officer from the secondment, at his written request.

Article 82. [ Appointment of an officer for a post not lower than the secondment] The officer following the cancellation of the secondment shall be appointed not less than the secondment before the secondment.

Article 83. [ Entruning the Officer with the duty to perform his duties in another position] 1. The head of the business unit may entrust the officer with duties of duty in another position in the same business unit for a period not exceeding 12 months; in such a case the salary of the officer may not be lowered.

2. If there is a need to replace the officer during his absence in the service, the supervisor may, for that purpose, entrust another officer with the duties of duty at the position occupied by the absent officer, by the duration of his absence not exceeding 12 months; in such a case, the salary of the officer shall not be reduced.

3. After the expiry of the maximum period of assignment of official duties in another position in the same organisational unit as referred to in paragraph. 1 and 2, the remit of duties in the same service position shall be inadmissible.

Article 84. [ Move the officer at the disposal of the specified supervisor] 1. The officer in the event of dismissal from the office job hitherto can be carried at the disposal of a particular supervisor for the period of:

1) the exemption from the duties of carrying out official duties granted under the conditions laid down in the provisions of the Act of 23 May 1991. of trade unions;

2. secondment for the performance of official duties outside the Prison Service in the country or outside the State.

2. The transfer of the officer at the disposal shall be carried out by the manager competent to appoint him/her for the position of business.

Article 85. [ Move officer to lower business position] 1. The officer shall be transferred to a lower official position in the event of the appointment of a disciplinary penalty for the appointment of a lower official position.

2. The officer may be transferred to a lower business position in the following cases:

(1) a decision by a medical committee of the total incapacity to serve in the post-occupied position where it is not possible to appoint it as equivalent in respect of the basic salary being collected;

2) the loss of qualifications required in the occupied position;

3. failure to comply with official duties in the post office, as established during the period of the permanent service, in two consecutive official opinions, between which at least six months have elapsed;

4) the liquidation of the position occupied, if it is not possible to appoint an officer to a position equivalent to that of the basic salary being collected.

3. The operator may be transferred to a lower service position also at his request.

Chapter 10

Opinion of officers

Article 86. [ Official Opinion] The officer shall be subject to periodic opinion of the service, which shall aim to:

1) lay the foundations for the establishment of an individual programme of professional development;

2) determination of suitability for service, assessment of the fulfilment of official duties and suitability for the position occupied;

3) the appointment of candidates for appointment and appointment to higher office posts and for promotion to higher degrees of Prison Service.

Article 87. [ Work Assessment Criteria] 1. Service opinion shall take into account the following criteria:

1) professional skills, taking into account the requirements of the business position, specialist qualifications resulting from the completion of training or studies, knowledge of foreign languages, and the results achieved by the officer during the training;

(2) the exploitation of the skills possoured, taking into account the knowledge of the rules and procedures in force and their application, the resource of the messages and the skills to discharge the duties and carry out the work on the activities of the Member State concerned; the position;

3) initiative and the raising of qualifications, as well as the ability to search for and gain the necessary information;

4. the ability to plan and organise work, taking into account the ability to step up the tasks according to their validity, and the efficiency and timeliness of the tasks;

5) the ability to work in a team, taking into account the manifestation of an attitude conducive to shaping good work atmosphere, failure to address conflict situations, and, if necessary, providing assistance and advising;

6. communicativeness, taking into account the skills to transmit, receive and understand the information in speech and writing, clear and expressive formulation of expression in such a way as to guarantee their understanding;

7) the ability of analytical thinking, taking into account the skills of assessing the value of information, their sources and their choice and interpretation, drawing conclusions;

8) self-reliance, taking into account the skills of the action without involving other persons and the need for supervision of superiors;

9) motivation and creativity, taking into account the skills of creating new solutions and improving the already existing, initiating actions and taking responsibility for them;

10) availability, taking into account the possibilities and readiness to undertake and carry out the tasks and activities;

11) dealing with emergencies, taking into account the skills of firm and decisive action in unusual situations where there are insufficient (standard) procedures for the procedure, resistance to stress, emotional mastery, ability to adapt activities to rapidly changing conditions and situations;

12) observance of professional ethics and discipline, taking into account the observance of the rules resulting from the complex vow.

2. In the opinion of the service on higher managerial positions in the Prison Service, in addition to the criteria mentioned in the paragraph. 1 evaluation is subject to:

(1) the ability to manage effectively, taking into account the ability to locate and exploit the human potential and the resources in kind, financial and information resources necessary for the performance of the work, the ability to recruit, new resources, supervision of the performance of business activities and the control of the performance of tasks, as well as the motivations of subordinate officers and employees for higher quality of work and professional development;

2) the ability to negotiate, taking into account the skills of reaching the desired position, maintaining the right people-to-people relations, and in a conflict situation-taking an open discussion on the sources of the conflict in order to solve the problem;

3) the ability to strategic thinking, to identify needs and to generate direction, to be able to assess the risk, to create a strategy for action in line with the objectives of the service

Article 88. [ Bodies issuing official opinions] The official opinions shall issue:

1) Minister of Justice-o Director-General;

2) the Director General-of his deputies, managers of organizational cells in the Central Board of Prison Service, district directors, Commandant of the Central Training Centre of the Prison Service, commanders of the Service Training Centres The Prison Service and the commanders of the Centres of Prison Service, directly subordinate to the Prison Service;

(3) the district director, his deputies and officers serving in the district inspectorate of the Prison Service, the directors of the penal establishments and the directors of the arrests and the commanders of the centres, within his/her own action. improving the staff of the Prison Service;

4) Commandant of the Central Prison Service Training Centre, Commandant of the Prison Service Training Centre, Commander of the Prison Service Personen Training Centre-as appropriate-about his deputies, organizational cell managers, and officers serving on self-contained positions;

5) the director of the criminal establishment and the director of the detention centre-of his deputies, the managers of the organizational cells, and the officers serving in the self-service positions;

6) the head of the organizational cell-of the officers who are directly responsible;

7) of the officers seconded to temporary duty in another organisational unit, the manager competent at the time of delegation.

Article 89. [ Date of opinion of official opinion] 1. The official opinion of the officer shall be issued:

1) during the period of the preparatory service-not later than 30 days before the end of the first year of this service and 60 days before the permanent appointment;

2) in the service of a permanent service-not later than 30 days before the end of every 3 years of service to the achievement of 15 years of service and every 5 years of service after exceeding 15 years of service.

2. The term of the opinion shall be counted from the date of acceptance to the service or the day of the last opinion.

3. The term of the opinion may be postponed by the following time:

1) suspension in business activities;

2. vocational training;

3) maternity leave, leave on the terms of maternity leave, paternity leave or parental leave;

4. parental leave;

5) free leave or dismissal from business activities;

6. diseases;

7) delegation to the temporary duty of service in another organizational unit;

8. secondment to serve outside the Prison Service.

(4) The official opinion shall be carried out independently of the time limits referred to in paragraph 1. 1, in the following cases:

1) an application for the appointment or appointment of an officer for a higher duty or to give another higher degree of the Prison Service, if at least 1 year has elapsed since the last opinion;

2) the finding of non-suitability for the position taken, the unsuitability for service during the period of the preparatory service or the failure to discharge the duties of official duty;

3. if 6 months have elapsed from the date of the opinion of the opinion that the duties have not been fulfilled;

4) command of a higher supervisor.

Article 90. [ Get to know the content of the opinion] 1. The opinion of the official shall be consulted by the official officer within 14 days from the date on which it was drawn up. The officer confirms the fact that he is familiar with the contents of his/her own signature.

2. In the event of refusal of the signature, the issuing of the opinion shall be annotated in the opinion sheet for the purposes of this circumstance.

3. The officer, who does not agree with the content of the opinion, may bring, through the issuing opinion, a request for her amendment to the higher supervisor within 14 days from the day of familiarizing with her.

4. If the opinion has been issued by the Minister of Justice, the Director-General may request the Minister of Justice to request the amendment.

Article 91. [ New opinion] 1. In the event of recognition as a whole of the officer's request for a change of opinion, the supervisor shall issue a new opinion. Previous feedback is subject to destruction.

2. If the supervisor deems the request to change his opinion as unfounded, he shall send it within 7 days to the superiors superior with the opinion and his own position on the case.

3. The higher supervisor shall consider the application within 30 days from the date of its transfer.

Article 92. [ Maintenance in force or appeal] 1. The higher supervisor may give the opinion to the following:

1) maintain in force;

2. to repeal in its entirety and to recommend the issue of a new opinion taking into account the circumstances indicated.

2. The officer shall be informed in writing, through the issuing opinion, about the method of consideration of the application.

3. In the case referred to in paragraph. 1 point 2, the previous opinion shall be destroyed.

4. The opinion, for which no request for amendment has been made, the opinion maintained in force, and the opinion issued as a result of the recognition of this application, shall be included in the personal file of the officer.

Article 93. [ Delegation] The Minister for Justice shall determine, by means of a regulation, the design of the business opinion sheet, taking into account, in particular, the criteria for assessing the requirements of the business position, as well as the criteria for assessing personality characteristics, skills and predispositive characteristics. an officer to serve on his official duty.

Chapter 11

Suspension of an officer in business activities

Article 94. [ Suspension of an officer in business activities] 1. The officer shall be suspended in his official duties in the event of a temporary arrest.

2. The officer may be suspended in business activities in the event of criminal proceedings being opened against him for intentional criminal prosecution or intentional criminal offence or disciplinary proceedings.

3. The suspension may take place for a period of not more than 3 months. In particularly justified cases, the period of suspension may be extended for a period of not more than 12 months.

4. The suspension in the service activities shall be carried out by the manager competent to appoint the officer to the office of office.

Article 95. [ Suspension of 50% of the salary due] 1. The officer suspended in business activities shall be suspended, from the nearest payment date, 50% of the salary due.

2. In the event of the repeal of the suspension in the service activities, the officer shall receive the suspended part of the salary and the increase of that salary, introduced during the period of suspension, if he has not been convicted by a final judgment of the court for a deliberate offence prosecuted by public prosecutions or a deliberate treasury offence on public charges or intentionally committed a treasury offence or punished with a disciplinary punishment of expulsion from the service.

3. In the event of a final remission of criminal proceedings for a criminal offence or a tax offence or acquittal of a final court judgment in the case, the officer shall receive a suspended part of the salary and the increase of that salary, introduced in the period of suspension, even if remission or acquittal occurred after the officer was discharged from the service.

4. The provision of the paragraph. 3 shall not apply where the criminal proceedings of a criminal offence or of a tax offence referred to in paragraph 1 are subject to a criminal offence. 2, it was waived because of the statute of limitations, amnesty, and in the case of conditional redemption of the proceedings.

Chapter 12

Termination of service of officers

Article 96. [ Exempt officer from duty] 1. The service officer shall be released from the service in the cases of:

1. unsuitability for service, as stated in the opinion of the service during the period of the preparatory service;

2. written notification of the occurrence of the service.

2. The officer may be released from the service in cases of:

1. failure to comply with official duties during the period of the permanent service, as noted in two further opinions, between which at least six months have elapsed;

2) appointment to another state service;

3) the achievement of a 30-year service internship in the Prison Service;

4) the liquidation of the organizational unit or its reorganization combined with the reduction of the staff lineup, if the transfer of the officer to another organizational unit or to a lower business position is not possible;

5) the disagreement of the transfer to a lower position in the cases specified in point 4 and in art. 85 (1) 2;

6) absence from the service caused by the disease, lasting uninterrupted for a period of 12 months;

7) the passage of a 12-month suspension period in business activities;

8) twice the unjustifiable failure to perform the tests referred to in art. 111 (1) 2, or failure to submit to them, or in the case of twice the unjustifiable failure to observe in the medical establishment, in the case of consent by the officer, unless the referral to the medical committee has taken place on request the officer;

9. the final refusal to issue a personal security certificate within the meaning of the provisions on the protection of classified information.

3. The officer shall be released from the service within 3 months from the date of the submission of his written declaration of the service.

4. In the cases referred to in paragraph. 2 point 4 of the exemption from the permanent service may take place after 6 months, and the case of the preparatory service-after 3 months from the date of the decision to liquidate the organizational unit or its reorganisation.

5. About the planned release of the officer from the service for the reason referred to in the paragraph. 2 point 3 shall be given in writing to the officer at least six months before the date of his dismissal.

Article 97. [ Termination of Officer's Service Ratio] 1. The official relation of the officer shall cease in the case of:

1) a final judgment by a medical committee of total incapacity for service;

2) a final judgment on the disciplinary penalty of the removal of the expulsion;

3) convict the final judgment of the court against imprisonment, if the execution of that sentence has not been conditionally suspended;

4) convict the final judgment of the court for a criminal offence prosecuted from public prosecutions or a deliberate treasury crime with public prosecutions or a deliberately committed treasury crime;

5) a judgment by a final judgment of the court of the criminal measure of deprivation of public rights or of a criminal measure prohibiting the pursuit of the profession of an officer of the Prison Service;

6) absence in service for a period of more than 3 months due to temporary arrest;

7) renunciation of Polish citizenship;

8) abandonment of service by an officer;

9) the death of the officer;

10) statement of the disappearance of the officer.

2. The abandonment of the service shall be understood to mean the unjustified absence of an officer of more than ten calendar days.

3. The extinguishing of a business relationship is equivalent to the termination of the business relationship within the meaning of the Act of 18 February 1994. on the pensions of police officers, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Security Office, the State Security Office Fire Service and Prison Service and their families (Dz. U. of 2015 items 900, 1268 and 1830).

Article 98. [ Competent authority on duty exemption or termination of service relationship] Dismissal or revocation of the duty ratio shall be carried out by the competent authority responsible for the appointment of the officer in the last official position.

Article 99. [ Deny] An officer in the service of a permanent release from service on the basis of art. 96 (1) 1 point 2 or paragraph. 2 and a permanent service officer whose business relationship has expired on the basis of art. 97 ust. 1 point 1, shall receive the brief.

Article 100. [ Height of the briego] The check-in height for the permanent service officer shall be equal to the amount of the monthly basic salary plus the permanent allowances due in the last official business. The allowance shall be increased by 20% of basic salary together with the fixed allowances for each subsequent full year of service of more than five years of continuous service, up to six months ' basic salary together with appendices of a nature fixed. The service period exceeding six months shall be counted as a full year.

Article 101. [ postmortem mortem in the event of death or disappearance of the officer] 1. In the event of the death or disappearance of a survivor, the survivor shall be entitled to a post-mortem postmortem in the amount of which he would have been entitled to do so if he had been discharged from the service.

2. If the death or disappearance of the officer has taken place in connection with the performance of his official duties, the postmortem shall be entitled to six months of basic salary together with the permanent allowances due at the most recently occupied business position.

3. The witness referred to in paragraph 3. 1 and 2, shall be entitled to the spouse of the officer who stayed with him in the common loan, and to the children and to the parents of the officer, if, on the day of the death of the officer, they fulfilled the conditions for obtaining the survivor's pension on the basis of the provisions of the law referred to in art. 97 ust. 3.

Article 102. [ A provision for an officer who has been released on account of a 30-year internship, a decision of a medical commission, a liquidation or a reorganisation of a unit] 1. A service officer in the service of a permanent, exempt from the service on the basis of art. 96 (1) 2 points 3 and 4, and to the officer whose business relationship has expired on the basis of Article 3 (2), 97 ust. Article 1 (1) shall be paid monthly for the period of the year following the release from the Prison Service of a cash benefit equivalent to that of a principal, together with the permanent allowances charged on the last official business position. This benefit shall also be paid to the officer in the service of the permanent, exempt on the basis of Article 4 (1) of the Regulation. 96 (1) Article 1 (2), where the conditions laid down in Article 1 (2) are fulfilled in the case of the first subparagraph of Article 1 96 (1) 2 point 3.

2. The officer entitled to the benefit referred to in paragraph 2. 1, which has acquired the right to a pension provision, shall have the right to choose one of those benefits.

Article 103. [ Reimbursement of training costs] 1. The officer discharged from the service on the grounds specified in art. 96 (1) 1 point 2 and officer whose business relationship has expired on the basis of art. 97 ust. 1 points 2 to 8 before 5 years after the completion of the preparatory course or vocational training, the revalorised amount constituting the equivalent of the costs of meals, accommodation, decommission and travel expenses received shall be returned to the revalorised amount. during the course of training.

2. The costs of food, accommodation, uniforms and business trips received by the officer during the training shall be determined as the sum of:

1) daily budget rates for board and accommodation of the officer at the time of the training;

2) the value of the objects of the uniforms issued to the officer during the training, in accordance with the provisions on the standards and rules for the allocation of the uniforms and equipment of special officers, calculated on the basis of the number of days of use of these the items and the cost of cleaning them once;

(3) allowances received to cover the increased costs of nutrition during business trips;

(4) the amounts received on the route from the permanent service point to the training centre or for the improvement of the Prison and Prison Service staff and lump sums for communal communications.

3. The amount of the amount equivalent to the costs of catering, accommodation and unification shall be determined at the rates applicable on the date of release of the officer from service.

Article 104. [ Determination of costs] 1. The authorised person to determine the costs of nutrition, accommodation, unification and travel expenses received during the preparatory course or vocational training and enforcement, as well as of the exemption from the obligation to return those costs, in whole or in part, shall be the supervisor referred to in Article 98.

2. The supervisor shall determine the costs of the catering, accommodation and umunting received by the officer during the preparatory course or vocational training on the basis of the written information of the competent commandant of the training centre or the commandant Prison Service Personnel Improvement Centre.

Article 105. [ Exemption from reimbursement of costs] The supervisor may waiver the obligation to reimburses the costs of feeding, accommodation, decommission, and travel expenses received during the preparatory course or vocational training in whole or in part upon written request of the officer, justified by his situation of life, family or material.

Article 106. [ Payment of the revalorised amount representing the equivalent of costs] 1. The revalorised amount constituting the equivalent of the costs of meals, accommodation and unification and travel expenses received during the preparatory course or vocational training of the officer shall pay in the organizational unit, in served duty prior to dismissal.

2. The claims referred to in paragraph 1 1, not returned by the officer, shall be subject to a deduction from his salary in accordance with the rules laid down in the Article. 228.

Article 107. [ Loss of Prison Service degree] 1. The officer, whose business relationship has ceased, may use the degree of Prison Service with the addition of the term "in the state of rest".

2. The loss of the degree of the Prison Service shall take place in the event of the termination of the officer's duty ratio in the cases:

1) renunciation of Polish citizenship;

2) sentencing the final judgment of the court to the punitive measure in the form of deprivation of public rights;

3) convict the final sentence of the court for a custodial sentence for a intentional offense prosecuted from public prosecutions or a deliberate treasury offence of public prosecution or intentionally committed treasury crime, if its execution does not has been conditionally suspended.

Article 108. [ Limitations for the release of a service officer] 1. The operator during the period of pregnancy and during the period of maternity leave, leave on the terms of maternity leave, paternity leave and parental leave shall not be allowed to be released from the service or to determine the expiry of his/her service relationship, with except in the cases referred to in Article. 96 (1) 1 point 2 and paragraph. 2 points 2 and 4 and cases referred to in Article 97 ust. 1 points 2 to 10.

2. The officer referred to in the paragraph. 1, exempt from service during the period of the preparatory service on the basis of art. 96 (1) Article 2 (4) shall be subject to the cash benefit referred to in Article 2 (4). 102 (1) 1.

3. The officer dismissed from the service during the period of parental leave on the basis of art. 96 (1) Article 2 (4) shall be entitled to the end of the period for which this holiday was granted:

(1) cash benefits paid on the basis of the rules applicable to the payment of the parental allowance;

2) other allowances provided for workers made redundant during parental leave on the grounds of non-workers.

Article 109. [ Issue of a certificate of duty to a dismissed officer] 1. A certificate of service shall be issued without delay to the officer whose business relationship has ceased to be established.

2. The officer may request to rectify the certificate of service within 7 days from the day of its service.

3. The officer who has suffered damage as a result of not being issued within the time limit or issuing the wrong certificate of service shall be granted a compensation of 1/30 of the monthly salary in the most recently occupied post for each day of remaining without work for this reason, however, no longer than for a period of 6 weeks.

4. The Minister of Justice shall determine, by way of regulation, the data to be given on the certificate of service, the mode of issuing and rectification of the certificate of service, its design, as well as the mode of awarding the compensation for the damage caused by the non-release in the date or issue of the incorrect certificate of service, having regard to the need to include in the certificate the information necessary for the establishment of the powers deriving from the service and social security rights.

Chapter 13

Health and safety of officers in service

Article 110. [ Medical commissions] 1. The physical and mental capacity of the service shall be determined by the medical committees subordinate to the Minister responsible for the internal affairs, hereinafter referred to as "medical committees".

2. The Minister of Justice shall determine, by regulation, the scope and conduct of the physical fitness test, taking into account, in particular, the nature of the service and the conditions for its performance.

Article 111. [ Directing to a medical committee] 1. The officer may be referred to the medical commission:

1) ex officio or at his request-in order to determine the state of health and to establish physical and mental fitness for service as well as the association of particular diseases with the service;

2) ex officio-in order to verify the correctness of the adjudication of temporary incapacity for service due to illness or the correctness of the use of the medical exemption.

2. The officer shall be obliged to undergo tests commissioned by a medical commission, including specialist, psychological and additional research.

3. Where the examinations carried out and the documentation collected do not permit the issuance of a decision, the officer may be directed to the observation in the medicinal subject, if he/she expresses his consent.

Article 112. [ Work Medicine Service] 1. Tasks in the range:

1) the protection of the health of the officers against the influence of adverse conditions connected with the environment of the service and the way of its performance,

2) preventative health care for officers

-shall carry out the units of the occupational medicine service of the Prison Service, hereinafter referred to as the 'units of the occupational health service', as laid down in the Act of 27 June 1997. on the service of occupational medicine (Dz. U. of 2014 items 1184).

2. Supervision of the implementation of the tasks referred to in paragraph. 1, the competent director of the district and the Director General shall exercise.

3. When performing the tasks referred to in paragraph. 1, units of occupational health services work together with medical committees. In particular, the interaction consists in the exchange of information on the health of the officers, in particular on the medical conditions likely to be related to the risks of the service environment or the way in which it is carried out, the provision of documentation or test results and consultation.

4. If this is justified by the medical condition of the officer, the unit of occupational occupational health service may request the supervisor to refer to the medical commission for the determination of the state of health and the establishment of physical capacity and mental to the service, as well as the relationship of individual ailments with the service.

Article 113. [ Investigation of the officer at the request of the supervisor] 1. The owner of the occupational health service may, at the request of the competent supervisor, carry out examination of the officer, regardless of periodic and control tests, if it is justified by suspicion of deterioration of his health condition, have a negative impact on the performance of the service on the currently occupied business position or the safety of the business unit. In the justified case, after examination, the unit shall immediately inform the competent supervisor of the need to immediately dissuaded the officer from the performance of the work.

2. The officer shall be obliged to submit to the tests referred to in paragraph. 1.

Article 114. [ Determination of predisposition to service in a specific post-tests and tests] 1. The officer may be subject to the procedure determining his or her predisposition to the service in specific business positions or in specified organizational units of the organizational units consisting in conducting the efficiency test physical or psychological studies.

2. The test and tests referred to in paragraph. 1, manages the correct supervisor.

3. The physical fitness test shall be carried out by the appropriate organizational unit of the organizational unit, and the psychological examinations-the unit of occupational medicine service.

4. The Minister of Justice will determine, by regulation, the procedure for carrying out the procedure determining the predisposition of officers to serve, the property of organizational cells in these matters, and the predispositions required on the specified work stations or specified cells of the organisational units, taking into account in particular the protection of the health of the officer in such a way as to enable the proper performance of the duties of official business.

Article 115. [ Paid health leave] At the request of the officer, the officer may grant paid medical leave for the treatment prescribed by the medical committee, up to a maximum of 6 months in the calendar year.

Article 116. [ Condition camp] 1. The officer in order to improve fitness may be directed, within the framework of paid supplementary holiday leave referred to in art. 141 (1) 1, to the condition camp. The attendant's participation in the condition camp is free of charge.

2. The Director General shall determine, by means of ordinance, the driving mode and the detailed conditions for the use of the condition camps by the officers.

Article 117. [ Safety and Health at Work] 1. The duties shall be provided to the officers with safe and hygienic conditions of service.

2. The officer shall be obliged to comply with regulations and rules of occupational health and safety and fire regulations.

3. The Minister of Justice will determine, by means of the regulation, the procedure and scope of application to the officers of the provisions of the Act of 26 June 1974. -Labour Code (Dz. U. of 2014 items 1502, with late. (m) in the field of health and safety at work and the competence of the supervisors in these matters, taking into account:

1) the provisions of Chapter 10 of the Act of 26 June 1974, respectively. -Labour Code, except art. 209 [ 2] , art. 209 ², art. 209 ³, art. 210, Art. 229 § 1 and 8, art. 230, art. 231, art. 234 § 2, art. 235, art. 235 ¹, art. 235 ², art. 237, art. 237 ¹, art. 237 ², art. 237 ⁷ § 1 (1) and (2) to (4), Art. 237 ⁸, art. 237 ⁹ § 3, art. 237 ¹¹ § 4, art. 237 ^11a, art. 237 ¹², art. 237 ¹³ and art. 237 ^13a;

2) the nature and conditions of service in the Prison Service.

Article 118. [ Sincerity on health or property damage-compensation] 1. The officer who, as a result of an accident in connection with the service of the service or due to illness arising out of the special properties or conditions of the service, has suffered damage to his health or suffered damage to his property, receives the one-off compensation. In the event of the death of the officer in connection with the service or of the illness arising from the specific characteristics or conditions of the service, the members of the family referred to in Article 4 shall be received by the surviving members. 101 (1) 3.

2. A sudden event caused by an external cause, causing injury or death that occurred during or in connection with the following:

1. the performance of official duties or orders of superiors;

2) carrying out activities in the interests of the service, even without the command of the superiors;

3) participating in compulsory classes related to the raising of professional qualifications and physical fitness of officers;

4) performing functions or tasks commissioned by the Prison Service of a professional union of officers or professional or social organizations;

5) saving the people or their property from threatening danger or saving the property of the State Treasury from destruction or garment;

6. giving the representative of the state body the assistance in carrying out the official acts;

7. taking a direct route to the place and from where to perform the activities defined in points 1 to 6.

3. Compensation referred to in paragraph. 1, shall not be entitled to:

1) in the event of an accident or illness, the sole cause of which was proved by the organizational unit intentionally or grossly negligent act or omission of the officer, violating the applicable regulations or orders, if his superiors ensure that the conditions corresponding to those provisions have been complied with and that they have properly exercised their supervision and that the officer has the necessary skills to carry out certain activities and has been properly trained in these provisions;

2) in the event of an accident, the sole cause of which was the conduct of the officer caused by the use of alcohol or intoxicating agent;

3) if the bodily injury or death of the officer was caused by him from intentional fault.

4. The officer who succumb to the accident shall immediately, if the condition of his or her health so permits, inform in writing of the accident of his superiors. An accident may also inform the supervisor of another person.

5. The supervisor who has received the message about the accident shall immediately inform the manager of the organisational unit competent due to the site of the accident.

6. The officer shall be entitled to a one-off compensation of 70% of the monthly minimum salary of an essential officer due on the day of the decision on compensation, for each of the percentage of bodily injury and in the event of death an officer of the rightholders referred to in the paragraph. 7, shall be entitled to compensation of 30 times the lowest basic salary of an officer; the amount of the one-off compensation or its increase shall be rounded up to the nearest one.

7. In the event of the death of an officer in the course of his duty as a result of an accident, or after a release from the service within three years of the accident, if the cause of death was due to his or her consequences, the members of the family shall be entitled to compensation.

(8) If there is a further deterioration of the health status of the officer in relation to the accident or disease which caused the previously established loss on health, the loss will be increased by at least 10 percentage points, within 3 percentage points. years after the accident or illness, the one-off compensation shall be increased by 70% of the lowest basic salary of the officer responsible for each percentage of health prejudice, exceeding the percentage according to which the compensation referred to in paragraph 1 was established. 6.

(9) The one-off compensation shall be increased by an amount equal to 10 times the minimum basic salary of an officer, if, as a result of an accident or deterioration, the officer has been adjudicated as a result of an accident in respect of the officer concerned. total incapacity for service.

10. Compensation for proven damages suffered as a result of loss, complete destruction or damage in connection with the accident of personal objects, as well as objects used for the performance of official duties, except for vehicles of motor vehicles and monetary values, shall be determined on the basis of their market price on the date of the decision on compensation, taking into account the degree of consumption of those items. If it is not possible to determine the purchase price of the same subject matter, its value shall be determined by the purchase price of the same type of the same type with identical or similar parameters.

11. In the event of damage to objects, the compensation constitutes the equivalent of the cost of restoring them to the state of use. However, if the degree of damage is significant, or the costs of the repair exceed the value of the damaged object, compensation shall be granted as determined in the manner set out in the paragraph. 10.

12. The officer shall be entitled to reimbursement of the costs of supplies of medical devices which are orthopaedic objects and auxiliary agents in the amount of his own contribution which is not funded by the National Health Fund.

13. Compensation due to the members of the family shall be reduced by the amount of compensation paid to the officer, in respect of the health damage suffered by the accident or illness caused by the subsequent death.

(14) The Minister of Justice shall determine, by way of regulation, a detailed mode of determining the circumstances and causes of the accidents and diseases referred to in paragraph 1. 1, the superiors competent to determine the circumstances and causes of accidents and the detailed duties of the superior officer and the officer who has failed to take account of:

1) the method of appointment, composition and mode of procedure, as well as the property of the post-accident commissions;

2) the mode of reporting and handling of reservations to the findings of the post-accident commission and the approval of these findings;

3) specimens of the register of accidents, the post-accident protocol and other documents drawn up in the course of the proceedings;

4) the manner of proceedings in case of suspicion of illness, models of documents used in the proceedings and the entities competent in these matters;

5) the way of documenting the diseases and their effects and keeping their register.

15. The Minister of Justice will determine, by way of regulation:

1) superiors competent to award damages;

2. the mode, timing and method of determining:

(a) the compensation for the accident or illness in connection with the service,

(b) the amount of compensation for personal use lost or destroyed, as well as the items used for the performance of official duties, except for motor vehicles and cash values,

The purpose of the Regulation should be to ensure the transparency and efficiency of the proceedings and to protect the interests of those affected.

16. Prejudice to the health of an officer as a result of an accident or illness, a recognition as completely incapable of service and self-existence, as well as the death of an officer with an accident or illness, shall adjudicate medical commissions. The head of the decision shall be borne by the head

17. Assessment of the extent of bodily harm and its relationship with the accident or illness occurs after the termination of treatment or rehabilitation.

(18) The Minister of Justice, in agreement with the Minister responsible for internal affairs, the minister responsible for health and the minister responsible for social security, will determine, by means of a regulation, a list of diseases for which he/she they shall be entitled to the compensation referred to in paragraph 1. 1, taking into account the specific characteristics or conditions of the service causing these diseases and their relationship with the service.

19. The Minister of Justice will determine, by way of regulation:

(1) how to determine the extent of the seriousness of the health of the officers, taking into account the possibility of multiple breaches of the organism's fitness and the impact of the impairment of the activity of the organism that may exist prior to the accident or the disease on the evaluation percentage of bodily injury;

2) a list of standards for the assessment of the percentage of bodily injury, with a view to the current state of medical knowledge.

Article 119. [ Catering] 1. Service officers performing business activities:

1) in the framework of strengthening the protection system of the organizational unit and the support forces,

2) during the prevention of natural disasters or the liquidation of their effects,

3) during trainings, conferences, deliberations and seminars organised in the framework of vocational training and improvement organised at the Central Training Centre for Prison Service, Prison Service Training and Training centres of the Service Personen Prison,

4) during the deliberation and business briet

-shall be entitled to feed for the duration of these operations.

2. The officer performing the business activities referred to in the paragraph. 1 (1) and (2), to which the type and conditions of service or technical and organisational considerations prevent the use of the food, shall receive a cash equivalent in exchange for catering.

3. The Minister of Justice shall determine, by way of regulation, the powers of the officers to be fed during the service of the service under the conditions referred to in the paragraph. In order to take account of the standards of nutrition and the form of their implementation, and the amount of the daily monetary value of the standard of nutrition, its valorisation and the permitted overruns, and other cases in which the food is due, in view of the the time and nature of the business activities performed.

4. The Minister of Justice, in agreement with the Minister responsible for public finance, shall determine, by means of a regulation, the procedure and conditions for receiving a monetary equivalent in exchange for food while serving and the amount thereof, Having regard to the manner in which it is calculated and of payment, having regard to the time and nature of the work carried out.

Chapter 14

Time of service of officers

Article 120. [ Time of service] 1. Sometimes the service is the time at which the officer remains at his supervisor's disposal in the business unit or in another place designated for the performance of his business tasks, including those related to participation in the training or improvement Professional and professional travel.

2. For the purpose of clearing the time of service of the officer:

1. 24 consecutive hours shall be understood, starting from the time at which the officer commences service in accordance with the applicable timetable of service;

2) for a week-you shall understand 7 consecutive calendar days, starting from the first day of the financial period.

Article 121. [ Calculation of service time dimension] 1. The time of service shall be on average 40 hours per week in the accepted accounting period not exceeding 4 months.

2. The obligation of the officer in charge of duty time in the adopted accounting period shall be calculated by multiplying 40 hours for the number of weeks falling within the accounting period, and by adding to the received number of hours the product of 8 hours and number days remaining until the end of the settlement period, from Monday to Friday.

3. Each holiday occurring during the settlement period and occurring on a different day than Sunday lowers the time of service by 8 hours.

4. The time dimension of the service of the officer during the settlement period shall be reduced during that period by the number of hours of justified absence in the service of overwork in that absence, in accordance with the adopted decay of duty.

Article 122. [ Weekly Service Time] 1. The weekly service time, including extended service time, shall not exceed 48 hours on average in the agreed settlement period.

2. The restriction provided for in the paragraph. 1 does not apply to the managers of business units and their deputies.

Article 123. [ Service Time Distribution] 1. The schedule of service of the officer shall be introduced:

(1) multi-shift-in-work positions on which the service is required to be used in shiftwork or in a continuous manner;

2. single shift-in other business positions.

2. The time distribution of the service is submitted by the supervisor.

Article 124. [ Single Shift Service Time Distribution] 1. The officer shall serve in a single-shift distribution of the service time for 8 hours a day from Monday to Friday.

2. The head of the business unit shall specify the starting and ending times of the service in the business unit and on the individual business positions and posts, taking into account the need to adjust the service time to the needs of that unit, to the working time of other organisational units, offices and bodies interacting with the business unit.

3. The officer serving in a single-shift distribution of time of service may be appointed by the head of the organizational unit to serve on Saturday, Sunday or holiday, if necessary due to the needs of the unit The In exchange for the time of service on Saturday, Sunday or the holiday of the officer shall be granted a different day of duty free from service in the nearest week after those days.

Article 125. [ Multi-shift Service Time Distribution] The officer shall serve in a multi-shift distribution service time of 12 hours, followed by 24 hours of duty free or 48 hours if the work was done at night, in days and hours of commencation. and termination of service established by the manager of the organizational unit.

Article 126. [ Individual Service Time Distribution] In particularly justified cases, the head of the organizational unit or the head of the organizational unit authorized by him may determine the individual time distribution of the service of the officer, at his or her request, in the time dimension. services provided for a single shift in service time distribution.

Article 127. [ Right to at least 11 hours of uninterrupted rest in every day] 1. The officer shall be entitled to at least 11 hours of uninterrupted rest in every day, subject to the provisions of paragraph 1. 3.

2. Paragraph Recipe 1 not applicable:

1) the managers of the organizational units and their deputies;

2) cases of the need to introduce a reinforced security system, support forces, dehydration and conduct activities related to the prevention of natural disasters or the liquidation of their effects.

3. In the cases referred to in paragraph. 2 point 2 of the officer shall be entitled to an equivalent rest period, to be given immediately after the service causing a breach of the rest period.

Article 128. [ Right to at least 35 hours of uninterrupted rest in each week] 1. The officer shall be entitled every week to at least 35 hours of uninterrupted rest, covering at least 11 hours of continuous daily rest.

2. In the case referred to in art. 127 par. 2. 2. and in the event of a change of the time of service by the officer in connection with his transition to another change, according to a fixed timetables of duty, the weekly continuous rest may include a lower number of hours, may not be However, less than 24 hours.

Article 129. [ Determination of the day off duty] 1. The head of the business unit may establish a day of service free, for officers serving in a single-shift service time distribution, day of service falling between days of duty free of service and appoint a day of service nearest Saturday. If the Saturday falls after the duty free Friday or before Monday, the manager of the business unit shall determine the day of service on Saturday.

2. The determination of the day off duty and of the Saturday appointed day of the service of the officer shall be informed, in the manner adopted in the business unit, at least of 14 days in advance.

Article 130. [ Prolongation of the officer's duty to 48 hours per week] 1. The time of service of the officer may be extended up to 48 hours a week, in particular due to the necessity of:

1) the execution of the commenced work tasks, if they cannot be interrupted;

2. ensure continuity of service in posts and posts on which the maintenance of the service is required to be maintained continuously;

3) the execution of other work tasks impressing the corpse.

2. The time of duty of the service referred to in paragraph 1. 1, extends the head of the organizational cell in which the officer is in service.

Article 131. [ Time to be free from service in exchange for an extension of the officer's service time] In return for an extended period of service referred to in art. 130 (1) 1, the officer shall be entitled to a duty free time in the same dimension, which shall be granted during the accounting period referred to in Article 3. 121 (1) 1.

Article 132. [ Working time and driving of the vehicle] The officer responsible for driving the car may serve up to 12 hours a day, including driving not more than 10 hours in the vehicle. The time of continuous driving shall not exceed 6 hours, followed by a break of 30 minutes.

Article 133. [ Medical call] 1. Doctors and other officers with a higher education, performing a medical profession, serving in a medical profession providing health care services to persons deprived of their freedom, whose health condition requires 24-hour benefits health, they may be required to perform a medical treatment on this subject.

2. The duty of the medical service shall be included in the time of service.

3. The service of the duty of medical supervision may also be planned to the extent that it will exceed 40 hours per week in the adopted accounting period, taking into account the provisions of this Chapter.

Article 134. [ Fullness of service in radiological laboratory] 1. The service officer:

(1) in a radiological laboratory, where it is essential for his/her basic duties:

(a) the use for diagnostic or therapeutic purposes of sources of ionising radiation and, in particular, performing tests or treatments, assisting or performing ancillary activities in tests or procedures, supporting equipment containing radiation sources, or producing ionising radiation or performing professional activities directly in patients treated with radioactive sources, or

(b) making dosimetric measurements of ionising radiation related to the activities referred to in point a,

2) in the laboratory of physiotherapy, if his basic duties are to control the technique of used treatments or self-execution of the treatments

-perform these duty duties for 5 hours a day and on average 25 hours per week.

2. The remaining 3 hours of the daily dimension of the service of the officer referred to in the paragraph. 1, shall remain at the disposal of the head of the business unit, who may instruct this officer to carry out other official duties at that time.

Article 135. [ Records] 1. In the business unit there is a list of attendance, the annual records of the attendance of the officer in the service, the records of the exits during business hours, and the records of the extended service time.

2. The enunciations referred to in paragraph. 1, shall be made available to the officer at his/her request.

Article 136. [ The designation of an officer to remain in service to serve on a telephone call] 1. The head of the business unit may appoint the officer to remain in the readiness to serve on the telephone call, hereinafter referred to as the 'telephone call', the duty of which may not be in breach of the law of the officer in charge of the service. rest, as referred to in Article 127 and 128.

2. No officer shall be appointed immediately after the termination of the service in the night service.

3. The officer may be appointed to call on a telephone call no more than 2 times a month, at the most once on a Saturday, Sunday or a holiday. The duration of a call may not exceed 12 hours a day.

4. The call time shall not be included in the time of service, if at that time the officer has not performed the service.

5. If the officer performed the recommended service activities during the call time:

1) after hours of service-this is for the time of their exercise to be granted in the same time-free period of service;

2) on a day off duty, Saturday, Sunday or holiday-shall be granted a different day off duty.

Article 137. [ Equivalent for the non-use of free time from service for serving more than the statutory dimension prior to the termination of the service] 1. The officer who, before the date of termination of the service relationship, has not used the time of duty free of service for serving more than the statutory dimension, receives the equivalent of cash.

2. The cash equivalent for each commenced 8 hours of unused duty free time shall be fixed at 1/21 of the monthly basic salary together with the permanent allowances due in the last official business position.

Chapter 15

Vacations and exemptions from official activities of officers

Article 138. [ Vacation leave] 1. The officer shall be entitled to an annual, uninterrupted, paid vacation leave on a 26-day basis.

2. The officer shall not waider the right to leave.

3. During the period from the date of submission of a written declaration by the officer of the service until the date of the exemption from the service, the officer shall use his/her entitlement for the calendar year of the holiday and additional leave if, in the case of This period of time will be given to him by his supervisor.

Article 139. [ Acquisition of rights to holiday leave] 1. The right to the first holiday leave the officer shall acquire at the end of each month the service in the dimension of 1/12 of the amount of the holiday leave referred to in art. 138 para. 1.

2. The right to subsequent leave of rest shall be acquired by the officer in each subsequent calendar year.

Article 140. [ Giving the officer of the holiday leave] 1. Vacation leave shall be granted in the days which are for the officer of the day of service, in accordance with the applicable timetable of duty, in the hourly dimension corresponding to the daily allowance of the service of the officer in a given day.

2. When granting holiday leave in accordance with the mouth. 1 one day of holiday leave corresponds to 8 hours of service.

3. The division of the officer of the holiday leave on the day of service, in the hourly dimension corresponding to the part of the daily length of the service, shall be allowed only if the part of the holiday leave remains to be used is lower than the full daily amount of time of service of the officer on the date on which the holiday leave is to be granted.

Article 141. [ Paying extra holiday] 1. The officer shall be entitled to paid additional leave, hereinafter referred to as "additional leave", in the amount up to 13 days per year, in respect of the service of the service under conditions which are harmful to health or particularly burdensome, as well as on the achievement of the attainment of the by an officer of the service.

2. The additional leave available to the officer in respect of his duty on conditions which are harmful to the health or particularly of the nuisance shall be:

1) 12 days of the year-for the officer serving in the permanent filing of tasks in the field of direct protection and care of the detainees in:

(a) the antituberculosis division of general hospitals,

(b) a laboratory carrying out analyses and tests for the branches referred to in point (a);

2) 5 days a year-for an officer serving in the continuous performance of tasks in the field of direct protection and care of detainees in the ward for imbedded persons posing a serious social threat or a serious threat to security a criminal or investigative detention facility and for officers serving in therapeutic branches for convicted of non-psychotic psychiatric disorders or mental disabilities.

3. The additional leave available to the officer in the service of the service shall be:

1) 5 days-for an officer who has been in service for at least 10 years;

2) 9 days-for an officer who has been in service for at least 15 years;

3) 13 days-for an officer who has served at least for 20 years.

4. In the event of a waiter of the rights to leave additional leave from the various titles, the officer shall have one additional leave in the more favourable terms.

Article 142. [ Acquisition of the right to first additional leave] 1. The officer acquires the right to the first additional leave:

1. with the expiry of the year of service, in accordance with the conditions referred to in Article 3 (1). 141 (1) 2;

2) as of the date of achievement of the specified service internship.

2. The right to subsequent leave of additional officers shall be acquired in each of the following calendar years, except in the case referred to in the paragraph. Article 1 (1) must be the year in which the service is performed under conditions which are harmful to health or particularly burdensome.

3. The officer who has used the additional leave for the calendar year concerned and then, during that year, has acquired the right to leave additional leave in a higher dimension, shall be entitled to supplementary leave.

Article 143. [ Offset of the start of holiday or additional leave] 1. If the officer is not allowed to start the holiday leave or additional leave within the set time limit for reasons justifying the absence of the service, and in particular due to:

(1) temporary incapacity for service as a result of illness,

2) solitary in connection with an infectious disease,

(3) maternity leave, leave on the terms of maternity leave, paternity leave or parental leave,

4) suspension in business activities

-holiday or additional leave is shifted to a later date.

2. Vacation leave or additional leave in part not used for the reasons referred to in paragraph 2. 1 point 1-3, it shall be granted at a later date.

Article 144. [ Reduction of the period of leave for each month for the duration of the suspension in business activities or the application of the temporary arrest] The amount of the holiday and additional leave shall be reduced by 1/12 of each month for the duration of the suspension in service or for the application of the temporary arrest, unless the officer of the holiday is a holiday. used in his/her dimension.

Article 145. [ Paying commemorative leave] 1. The officer shall be granted the occasional leave by the officer on his application for transfer from office to further service in another business unit, if the transfer involves a change of residence, within a period of 5 days.

2. The officer may be granted the occasional special leave on his application for the handling of particularly important personal or family matters, in the period of 3 days in the calendar year.

Article 146. [ Paid training leave] 1. The officer, who has obtained permission to download the study or to study and study this course, shall receive or take place in the course of studies, as well as the officer who has obtained permission to carry out the doctoral or habilitation canal, and at the time of the counsellor's application, legislative or medical specialization, shall be granted paid training leave in the dimension:

1) in higher education, in each year of study-21 days;

2) in post-graduate schools or post-graduate studies-14 days in order to prepare for and submit the final examination;

3) in order to prepare for the submission of doctoral exams and to defend the doctoral dissertation or to prepare for the colloquium and the habilitation lecture-28 days;

4) in order to prepare for and submit the exam after the end of the legislative application-14 days;

5) in order to prepare for and submit a counsellor exam or a medical specialization-30 days.

2. The leave shall be granted in the days which are for the officer of the day of service, in accordance with the applicable decay of duty.

Article 147. [ Unpaid Leave] 1. The officer, upon his written request, may grant unpaid leave, if it does not disturb the functioning of the service in the organizational unit. The period of unpaid leave shall not be included in the service period in the Prison Service.

2. The officer who is leaving together with the spouse appointed to perform tasks outside of the State or transferred to the performance of official duties in a foreign establishment within the meaning of the provisions of the Act of 27 July 2001. of a foreign service (Dz. U. Nr 128, poz. 1403, late. zm.), on his written request is granted leave free for the duration of the exercise by the spouse of tasks abroad or official duties at the foreign establishment.

3. The officer acting on the choice of functions in a trade union shall be entitled to leave free of charge on the basis laid down in the Act of 23 May 1991. with trade unions.

4. The officer who starts a holiday free of charge during the calendar month shall be entitled to a salary of 1/30 of monthly salary for each day preceding the day of commencement of the free leave. If the officer has already taken the salary for the period of unpaid leave, the appropriate part of the salary shall be paid at the nearest payment.

Article 148. [ Breakdown on parts of holiday leave and additional leave] 1. Vacation leave and additional leave shall be granted to the officer in accordance with the service schedule and annual leave plans, taking into account the claims of the officers and the need to ensure the normal functioning of the service in the unit. The

2. At the request of the officer, the holiday leave may be divided into parts, with the result that at least one part of the leave should cover not less than 14 consecutive calendar days.

3. Additional holiday leave may be divided into two parts, with the exception of the leave referred to in art. 141 (1) 2 point 2 or paragraph 2 3 point 1.

Article 149. [ The dismisation of the officer from the holiday leave or the cessation of the granting of leave to leave] 1. The operator may be cancelled on holiday leave, and shall also suspend the granting of the holiday leave in whole or in part for important business reasons.

2. The term of holiday leave may be postponed to a legitimate request of the officer.

3. The appeal of the officer from the holiday leave or the suspension of the grant of the holiday leave shall require the written form.

(4) An application for an extension of the period of holiday leave should include, in addition to the reasons for the reasons for this transfer, an indication of a different date until the end of the calendar year in which the holiday leave is to be used.

5. The officer who has not used holiday leave in a given calendar year, shall be granted leave during the first 3 months of the following year.

Article 150. [ Reimbursement of fees and expenses incurred for the officer cancelled on holiday leave] 1. The officer shall be entitled to a refund on his written request to the holder of the holiday leave or whose leave has been withheld, on his written request:

1) fees for stay in holiday centres, sanatoriums, private accommodation or other services related to the rest during the stay, not used by the officer and members of his family, if the organizer of rest or other entity the provision of services in this respect has not reimbursed the fees paid;

2) the cost of transporting the officer and the members of his family, if his appeal from the holiday leave or the hold has also resulted in their return.

2. By the members of the family of the officer shall be understood the persons mentioned in art. 216.

3. The application referred to in paragraph. 1, the officer shall attach the bills and tickets confirming the incurred costs. Where it is not possible to obtain or submit accounts and tickets, the officer shall make a written statement of the amount of the costs incurred and of the reasons for the failure to document them.

Article 151. [ Equivalent for the non-use of leave due to the termination of the business relationship] 1. In the event of the non-use of the holiday leave or additional leave in whole or in part due to the termination of the official duty, the officer shall be entitled to the cash equivalent.

2. The cash equivalent for 1 day of unused holiday or additional leave shall be fixed at 1/21 of the monthly basic salary, together with the fixed allowances payable in the last official office.

Article 152. [ Apply the provisions issued on the basis of the Labour Code, the Act on Trade Unions and the Act on the Cash Benefits of Social Insurance in the event of sickness and maternity] In matters relating to the provision of exemptions from business activities and the manner in which the absence of a non-regulated service is justified by the present law, the provisions adopted on the basis of Article 4 (1) shall apply mutatis mutandis. 298 ² the Act of 26 June 1974. -Labour Code, Act of 23 May 1991. about trade unions and the Act of 25 June 1999. on social security benefits in the event of sickness and maternity.

Article 153. [ The superiors responsible for leave cases] The head of the business unit shall be the competent manager of the matters referred to in this Chapter and the relevant supervisor referred to in Article 4 for the senior management officers. 63 par. 2.

Chapter 16

Unification and field equipment of officers

Article 154. [ Uniforms, field equipment, service signs, distribution and identification marks] 1. The officer shall be obliged to wear during the service: transcribing, field equipment, distribution, badges, signs of service and signs of identification.

2. Unification, field equipment, service signs, distinguishments and identification marks may be worn only by officers.

3. The Minister of Justice may determine, by means of regulations, the official posts on which officers at the time of the performance of their duties are not obliged to wear the uniforms and field equipment, taking into account the place of service services and specificity of the work carried out.

Article 155. [ Forms of realization of the power to umunduring power, acquisition of the property of the umunduring elements] 1. The officer shall receive free unification and field equipment for each type of service.

2. The privilege to uniform in the framework of a uniform claim shall be implemented in the following forms:

1) ready-made components of umunduring;

2) fabrics with a refund of sewing costs and tailoring of tailors;

3) the monetary equivalent;

(4) payment of the monetary equivalent.

3. The officer appointed permanently acquires the obtained components of the umunduring.

4. The Minister of Justice shall determine, by means of a regulation:

1. the detailed modalities for the implementation of the privileges of the permanent and preparatory service officers for the uniforms and equipment of the field and for the determination of the periods of use and the use of uniforms and field equipment which are in the the use and frequency of the quality state of the officer of the unimping and field equipment, taking into account:

(a) officers entitled to field equipment, serving in the security departments of the organisational units, participants in initial and vocational training, and rules for the allocation of such equipment to other officers,

(b) conditions for the surrender of officers in the preparatory service, the conditions for the issue of the vehicle used and the equipment of the field used, the conditions for the re-issuing of the uniforms and the field equipment in cases where they are lost, reasons not failed by the officers,

(d) the forms of implementation of the powers of officers for the uniforms and equipment of the field, in particular in the form of finished components of uniforms, fabrics with a refund of sewing and tailoring costs, the monetary equivalent for uncollected ingredients the restitution, the forms of reimbursement by officers of items of field equipment and of the uniforms or of their monetary value corresponding to the degree of natural wear;

2) patterns of decomposition, signs of service and dismissal of officers and designs of field equipment, taking into account the division into summer and winter unification and service and output, cutting and colour components of the uniforms and equipment of the field, designs the signs of service and distribution on the individual components and of the specimen identification marks;

3. conditions and means of wearing umundury and field equipment, and of orders, decorations, medals, badges and identification marks, taking into account the periods of wear of the summer and winter uniforms, in which the officers wear a umunduping the output, method of wearing individual components of the decomposition and field equipment, the location of the signs of service and distribution, and identification marks on the components of the decomposition and field equipment, and indicating the place and order of the wearing orderes, badges, medals and their barebones;

(4) the standards of uniforms for officers in the service of the permanent service and of the preparatory service, the form of their implementation, and the quantities and periods of use of the objects of uniforms and of the field equipment referred to in those standards to be recovered, broken down to:

(a) standards of decomposition for officers of men and women,

(b) supplementary standards for officers to whom a higher degree of Prison Service has been granted,

(d) standards for the equipment of field officers,

(e) additional standards for participants in initial and vocational training,

(f) additional standards for the Prison Service Honorary Company and the commanders of the ceremony, the commander of the honorary company and the post office of the flagship,

g) additional standards for dog guides, shooting teams and firefighting teams

-taking into account the nature of the tasks and the job functions performed.

Article 156. [ Monetary Equivalent in exchange for the unification and chemical cleaning of the umunduping] 1. In exchange for the unification and chemical cleaning of the umunduring officer receives the cash equivalent.

2. The Minister of Justice, in agreement with the Minister responsible for public finance, shall determine, by way of regulation, the amount, the detailed mode of receiving and returning, and the cases of suspending and resuming the payment of a monetary equivalent in the exchange for the unification and the amount of the monetary equivalent for chemical cleaning of the unification for officers in the permanent and preparatory service, taking into account in particular the amount of the cash equivalent in exchange for the unification for Individual degrees of Prison Service and applicable norms of umunduation and the amount of the cash equivalent for chemical cleaning.

Chapter 17

Duties and rights of officers

Article 157. [ Duties of Officer] 1. The officer shall be obliged to follow the complex vow and to observe the provisions of the law, in particular of this Act and the provisions issued on the basis of it.

2. The officer shall be obliged to refuse to execute the command of his superiors, if his execution would be connected with the commission of a criminal offence or a treasury crime.

3. The refusal of the officer to execute the command shall report to the superiors, the General Director or the Minister of Justice with the omission of the official route.

4. The supervisor is obliged to counteract mobbing. The provisions of Article 4 94 ³ the Act of 26 June 1974. -The Labour Code shall apply mutatis mutandis.

Article 158. [ Appropriate application of the Penal Code] The provisions of Article 4 115 § 18 and art. 318 and 344 of the Act of 6 June 1997. -The penal code is applicable to officers of the Prison Service.

Article 159. [ Fullness of service and kinship and affinity] The spouses, persons with each other in relation to the second degree, or the affinity of the first degree, and persons with one another shall not be in service or have been employed in the same unit If there is a business relationship between those persons, an organisational relationship between those persons is incurred.

Article 160. [ Taking of a gainful occupation outside the service] 1. The officer shall not be allowed to take a gainful occupation outside the service without permission.

2. The supervisor may allow the officer to undertake a gainful occupation outside the service, if the seizure of such:

1) does not disturb the performance by the officer of the duties of the Prison Service's tasks defined in the Act;

2) without prejudice to the prestige of the service

3) does not undermine confidence in the impartiality of the officer.

3. A divided permit to take a gainful occupation shall be withdrawn in the event of a breach of any of the conditions referred to in paragraph. 2.

4. The Minister of Justice shall determine, by means of a regulation, the procedure for dealing with the granting of an authorisation to take a gainful occupation outside the service, the data to be contained in the application of the officer's application for authorisation to take up a class gainful of the service and the manner and timing of the notification to the officer of the authorisation, refusal or withdrawal of authorisation, having regard to the efficiency of the proceedings.

Article 161. [ Statement of Asset Condition] 1. The officer shall be obliged to make a declaration of his estate, including the property constituting marital property and his personal property, with reference to the business relationship, and then every year by 31 March, according to the state of the as at 31 December of the previous year, as well as at the dissolution of the business relationship.

2. The holder of the declaration of his assets shall state the information on the achievement of the income and the acquisition of property from the State Treasury, other state legal entity, local government units, their unions or other legal entity units of local government which have been disposed of by invitation to tender during the last 12 months prior to the date of submission of the declaration.

3. The statement referred to in the paragraph. 1, the officer shall submit to the head of the organisational unit, and the officer occupying a senior management position, the relevant superior referred to in Article 4. 63 par. 2. The competent supervisor shall analyse the information contained in the statement by 30 June of each year. The person carrying out the analysis shall be entitled to compare the content of the statement in question with the content of the statement in advance.

4. To make the declaration referred to in paragraph. 1, the form specified by the provisions issued on the basis of art shall be applied accordingly. 11 of the Act of 21 August 1997. of a restriction on the conduct of business activities by persons performing public functions (Dz. U. 2006 r. items 1584, as of late. zm. zm.), concerning the statement referred to in art. 10 para. 1 of the Act.

5. The information contained in the statement referred to in the paragraph. 1, constitute a business secret within the meaning of the provisions on the protection of classified information, unless the officer who made the statement expressed his written consent to their disclosure. The declaration shall be kept for 6 years. Upon expiry of this period, the declaration on the assets shall be destroyed.

6. In matters not regulated in the mouth. 1-5 to the statement referred to in paragraph 1. 1, and its analysis shall apply mutatis mutandis the provisions of the Act referred to in paragraph. 4.

Article 162. [ Informing the supervisor of the employment of the spouse or of the persons remaining in the common household] 1. The officer shall be obliged to inform his superiors about the taking up by the spouse or persons remaining in the joint household of employment or other gainful activities in the entities providing detective services or services in the scope of protection of persons and property or the taking up of economic activity in this regard, as well as the fact of being an economic operator within the meaning of the provisions of the Act of 29 January 2004. -Public procurement law (Dz. U. of 2015 items 2164) in favour of bodies and organizational units subordinate to or supervised by the Minister of Justice, within 14 days from the day of obtaining information about the occurrence of such a situation.

2. The officer shall be obliged to inform his superiors about the taking up by him, the spouse or persons remaining in the joint household of shares or interests in entities providing detective services or services in the field of protection of persons and property, within 14 days from the date of obtaining information on the occurrence of such a situation.

Article 163. [ Prohibition of belonging to a political party, membership of associations] 1. The officer shall not be a member of a political party.

2. At the time of the admission of the officer to the service, he or she shall cease to become a member of the political party.

3. The officer shall be obliged to inform the manager of the affiliation of the national associations operating outside the Prison Service.

4. The membership of foreign or international organizations or associations shall be subject to the authorisation of the Director General or his/her supervisor.

Article 164. [ Use of the legal protection provided for in the Criminal Code, reimbursement of defence costs] 1. The operator during and in connection with the performance of official duties shall enjoy the legal protection provided by the Act of 6 June 1997. -Penal code for public officers.

2. The officer shall be entitled to reimbursement of the costs of the defence, if the criminal proceedings, brought against him for a criminal offence or a tax offence committed in connection with the performance of a business activity, will be legally completed: the decision of the remission of proceedings in the absence of statutory evidence of a criminal offence or of an offence or an acquittal judgment.

3. The costs of the defence shall be reimbursed by the state budget at the request of the officer, in the amount of actual costs incurred, not higher than the maximum rate of remuneration of one defender, specified in the provisions issued on the basis of art. 16 ust. 3 of the Act of 26 May 1982. -Law on the attorney's office.

Article 165. [ Specific parental rights as defined in the Labour Code] The Officer shall enjoy specific parental rights as laid down in the Act of 26 June 1974. -Labour Code, with the exception of art. 186 ⁷If the provisions of this Act do not provide otherwise.

Article 166. [ Free accommodation for officers participating in trainings] Officers involved in trainings, courses, courses, narrative and service briefings organised in the course of training and professional training at the Central Training Centre for Prison Service, Training centres of the Service The Prison Service Prison and Prison Center shall have free accommodation.

Article 167. (repealed)

Article 168. [ Transfer of contributions to ZUS] 1. If the officer whose business relationship has ceased, does not fulfil the conditions for the acquisition of the right to a police or police invalidity pension, from the salary paid to the officer after 31 December 1998. until the date of the exemption from the service from which the pension contributions were not deducted, it shall be transferred to the Social Insurance Institution for that period provided for under the provisions of the Act of 13 October 1998. o Social Security System (Dz. U. of 2015 items 121, of late. zm.).

2. By salary which forms the basis for the assessment of the contributions to the pension scheme referred to in paragraph 2. 1, the basic salary, the salary allowances, the annual and discretionary awards and the additional remuneration paid on the basis of art shall be understood. 208, converted accordingly in accordance with art. 110 of the law referred to in paragraph 1. 1.

3. The contributions shall also be transmitted where the officer fulfils only the conditions for the acquisition of the right to a police invalidity pension. The transfer shall take place at the request of the officer.

4. The contributions shall be subject to the valorisation rate of the contributions determined pursuant to the provisions of the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2015 items 748, 1240, 1302 and 1311).

5. When calculating the amount of premiums due, which are based on the basis of the paragraph. 4, the Article shall apply mutatis mutandis. 19 (1) 1 and Art. 22 par. 1 (1) and (2) of the Act referred to in paragraph 1. 1.

6. The provisions of the paragraph. 1-5 shall also apply to the officer who was in service before 2 January 1999, if, after release from the service, despite the fulfilment of the conditions for the acquisition of the right to a pension under the law referred to in Article 4, the provisions of the Act referred to in Article 1 (1) of the basic Regulation shall apply. 97 ust. 3, submit an application for a pension provided for in the provisions referred to in the paragraph. 4.

7. In the case referred to in paragraph. 6, the amount of the paid premiums payable shall be transferred immediately after the notice by the Social Insurance Institution of the acquisition by the officer of the right to a pension provided for in the provisions referred to in the paragraph. 4.

8. The amount of the premiums payable shall be the income of the Social Insurance Fund.

9. The Minister of Justice, in agreement with the Minister responsible for Social Security matters, shall determine, by means of the regulation, the procedure and the time limits for the transfer to the Social Insurance Institution of the contributions referred to in paragraph. In order to ensure the correct and immediate implementation of the tasks relating to the transfer of these contributions, the competent authorities shall be responsible for ensuring the correct and immediate implementation of the tasks relating to the transfer of these contributions.

Article 169. [ Distinctions] 1. The officer, who is exemplary in performing duties, manifests an initiative in the service and improving professional qualifications, may be given the following distinctions:

1) praise;

2) prize money or property;

3) short-term leave, not exceeding 5 days;

4. the award of the badge referred to in the Article. 36;

5. appointment to a higher office;

6. preterm higher grade;

7) the presentation to the State of Courage.

2. The Minister of Justice shall determine, by means of a regulation, the mode of award and the jurisdiction of the superiors in these matters, taking into account in particular the manner and form of the awards.

Chapter 18

Apartment officers

Article 170. [ Right to a dwelling] 1. The officer in the service of the permanent service shall be entitled to a dwelling in the locality in which he/she is constantly serving, or in a nearby village.

2. Members of the family of the officer mentioned in the Article. 176 shall have the right to reside in the assigned officer of the dwelling.

3. When establishing the living area of the officer, account shall be taken of his/her family status and his/her degree of official or post office.

4. A village is considered to be a nearby village, where the public transport route, including transfers, does not exceed two hours, counting from the station (stop) to the nearest location Service to the station (stop) of the nearest place of residence. Until this does not include the commute to and from the station (stop) within the locality from which the officer commutes, and the locality in which he performs the duties of the service.

5. The officer in the preparatory service may receive an interim accommodation.

Article 171. [ Realization of the right to a dwelling] The right to a dwelling shall be carried out by:

(1) the allocation of premises, or

2. the granting of financial aid for the acquisition of a dwelling, hereinafter referred to as "financial assistance".

Article 172. [ Allocation of dwellings] An administrative decision of the housing unit referred to in Article 4 shall be allocated to the permanent service officer. 177, having regard to the following circumstances:

1) the absence of a dwelling in a locality where the service is constantly served, or in a nearby village;

2) usefulness for service, professional qualifications and internship of service in the Prison Service;

(3) a transfer from office to service in another locality, which is not a nearby village;

4) occupying the temporary accommodation in the building of the organization unit dedicated for business or located on the premises closed.

Article 173. [ Unit standard for living space] 1. The unit standard of living space, hereinafter referred to as the "standard", is from 7 m ² up to 10 m ².

2. The following standards shall be available to the service officer in the fixed service:

1) single-two standards;

2) the holder of the family-one standard for the officer and each member of the family referred to in art. 176.

3. Additional standards are available:

1. the officer who holds the rank of major, lieutenant colonel, colonel or general of the Prison Service, or the officer in charge of the officers ' office, one standard;

2. The Director General and his/her alternates-two standards.

(4) In the event of a confinement of the additional standards for the service of the spouses of the spouses of the Prison Service, the more favourable additional standards shall be taken into account only for one of them.

Article 174. [ Residential area] 1. The operator shall be assigned a dwelling with a living area corresponding to the number of the applicable standards.

2. The living area is the space of the rooms.

3. A dwelling with a living area greater than half of the upper limit of the standard is considered to be more than half of the upper limit of the normal living area.

4. In particularly justified cases, with the consent of the Director General, the officer may be allocated the dwelling referred to in paragraph. 3.

5. The operator with his written consent or at his written request may be assigned a dwelling with a residential area smaller than the one entitled to it in accordance with the standards.

6. The allocality of the dwelling referred to in paragraph. 5, does not deprive the officer of the right to obtain a dwelling of a living area corresponding to the standards of his/her entitlement.

Article 175. [ Assignment of a dwelling officer transferred to a service in another place] 1. The officer transferred to the service in another place, who in the former service seat occupies the administrative decision of the dwelling, may be assigned a dwelling on the basis of an administrative decision. at a new place of service, if:

1) free up occupied dwellings in the former duty locality, or

2. he shall return the financial assistance granted to him as referred to in Article 3 (2). 184 (1) 1.

2. The officer transferred to serve in another locality, who did not release the dwelling referred to in the mouth. 1 point 1, and the officer who did not return the financial assistance referred to in paragraph 1. 1 point 2, may receive temporary accommodation in a new place of service.

3. The officer of the delegation to the temporary duty of service in another village receives accommodation. The cost of accommodation shall be covered by the means of the organisational unit to which the officer has been delegated.

Article 176. [ Inclusion of family members in determining the living area] The members of the family of the officer who are to be taken into account in determining the living area of the dwelling shall be:

1. a spouse;

2) children (own, spouse, adopted or accepted into foster care) jointly resident with and dependent on the officer, but not longer than to be completed by 25 years of age;

3. the parents of the officer or his/her spouse living together with the officer and remaining on his or her sole dependance, or if, on grounds of age or invalidity, they are incapable of carrying out employment.

Article 177. [ Living Space] 1. The premises or quarters for the officers shall be allocated to the premises obtained as a result of the investment activity of the Prison Service and the remaining and transferred to the Prison Service.

2. The provisions of the Act do not violate the resulting rights of the property rights to dispose of the dwelling of the owner other than the State Treasury.

Article 178. [ Cash equivalent for the absence of an apartment] 1. The officer in the fixed service shall have a cash equivalent for the absence of an apartment if:

1) he or his/her spouse does not have a legal title in the place of serving or the place of a nearby legal title to a dwelling or house in the village;

2. the officer or his/her spouse has not been granted the financial assistance referred to in Article 4. 184 (1) 1.

2. The officer in the service of a permanent service transferred from the office to serving in another locality shall have a cash equivalent referred to in the paragraph. 1, if in the new place of service:

1) it was not granted financial assistance to obtain a dwelling;

2) it was not allocated a dwelling or temporary accommodation unit.

Article 179. [ Amount of cash equivalent] 1. The amount of the monetary equivalents referred to in art. 178 (1) 1, is 8 PLN per day.

2. The amount of the monetary equivalent referred to in paragraph 2. 1, shall be subject to annual valorisation as laid down in the budget law for the year in question, the average annual growth rate of consumer prices for consumer goods and services. The valorisation shall be based on the amount of the monetary equivalent in force in the year preceding the year in which the valorisation takes place.

Article 180. [ The obligation to notify a supervisor of any change affecting the eligibility to receive an equivalent] 1. The operator shall be obliged to immediately notify the superior of any change affecting the entitlement to receive the equivalent in the absence of an apartment.

2. The equivalent of a cash equivalent in the absence of an apartment shall be entitled to the date of the entitlement to the day of loss of the entitlement until the date on which the loss of that entitlement is lost.

Article 181. [ Decision to return the equivalent] 1. In the case of the collection of an unduly monetary equivalent referred to in Article 178 (1) 1, it seems to be the decision to return it.

2. The Minister of Justice, in agreement with the Minister responsible for public finance, shall determine, by way of regulation, the detailed mode of payment of the equivalent referred to in art. 178 (1) 1, and the manner in which an unduly collected cash equivalent is returned, taking into account the date of payment and reimbursement of the equivalent, and of the business units competent to pay it.

Article 182. [ Cash equivalent for the renovation of the dwelling or house] 1. The officer shall be entitled to an annual cash equivalent for the renovation of the dwelling or house, occupied on the basis of his or her legal spouse's legal title.

2. In the case of officers who are spouses entitled to a cash equivalent for renovation or to an equivalent in the absence of an apartment, that allowance shall only be entitled to one of them; this shall not apply to officers transferred ex officio to serve in another village which is not a nearby village.

3. The cash equivalent for the overhaul shall not be entitled in the event of occupations of the part of the dwelling or the house referred to in paragraph. 1.

4. The amount of the monetary equivalent referred to in paragraph 4 shall be provided for in paragraph 4. 1, amounts to 339,79 zł.

5. The amount of the monetary equivalent referred to in paragraph 5. 4, shall be subject to annual valorisation as laid down in the budget law for the year in question, the average annual growth rate of consumer prices for goods and services. The valorisation shall be based on the amount of the monetary equivalent in force in the year preceding the year in which the valorisation takes place.

6. In the case of the collection of the undue cash equivalent referred to in paragraph 1. 1, it seems to be the decision to return it.

7. The Minister of Justice, in agreement with the Minister responsible for public finance, shall determine, by way of regulation, the detailed arrangements for granting and withdrawals of the equivalent referred to in paragraph 1. 1, and the method of reimbursement of an unduly collected cash equivalent, taking into account the model application for the equivalent, the date of payment and the reimbursement of the equivalent, as well as the organisational units competent to pay it.

Article 183. (repealed)

Article 184. [ Financial aid to obtain a dwelling or a single-family house] 1. The officer in the service of a permanent service who fulfils the conditions for the allocation of the dwelling, and which premises did not receive it on the basis of an administrative decision of the allocation, shall be entitled to financial assistance for the acquisition of the dwelling in the a housing cooperative or a single-family house or a dwelling as a separate property situated in the town of duty or a nearby village.

2. In the event of a waiving of the powers of financial assistance for the service of both spouses, the benefit shall be granted only to one of them.

Article 185. [ Height of financial aid] 1. The financial assistance shall be granted to the officer at 25% of the value of the accommodation unit with a usable floor area of 50 m ².

2. The value of the dwelling, on the basis of which the amount of financial assistance is calculated, constitutes the product of 50 m ² the usable area of the dwelling and the price of the square meter of the usable area of the residential building, published by the President of the Central Statistical Office, serving to calculate the guarantee premium from the savings deposits for construction housing for the savings holders of housing books.

3. The Minister of Justice, in agreement with the Minister responsible for public finance, shall determine by way of regulation a detailed procedure for the award, payment and reimbursement of the financial assistance referred to in Article 3. 184 (1) 1, taking into account the types of documents required to apply for the grant of the aid and the organisational units competent to pay the financial assistance, as well as the time limit and the place of reimbursement of the financial assistance.

Article 186. [ Reimbursement of financial aid] 1. The financial assistance shall be repaid in the event of dismissal of the officer from duty before the end of the 15 years of service in the Prison Service, except for the officer who before the end of this period has acquired the right to the invalidity pension of the Prison Service.

2. The amount of the financial assistance to be recovered shall be deemed to be the amount of the annual average annual increase in the price of consumer goods and services, as fixed in the Finance Act, where the amount of the financial assistance to be recovered is to be fixed. the reimbursement obligation arose in the years following the year of the granting of the financial assistance.

3. At the written request of the officer, the reimbursement of financial assistance may take place in instalations.

Article 187. [ Conditions for non-allocation of dwellings] A dwelling on the basis of an administrative decision shall not be assigned to the officer:

1) in the event of receipt of the financial assistance referred to in art. 184 (1) 1;

(2) with the place of service in the locality, or in a locality close to the housing estate in a housing cooperative or a single-family house or residential house, or a dwelling as a separate property, corresponding to the at least the residential area which is entitled to it;

(3) whose spouse has a dwelling or a house as defined in point 2;

4. in the event of the divestment by him or his spouse of the dwelling or house referred to in point 2.

Article 188. [ Decision on the emptying of the dwelling] 1. Decision on emptying of the dwelling referred to in art. 177, it shall be issued if the officer:

1. shall either be subtentional or give away free use of the allocated premises or part thereof;

2) use a dwelling in a manner contrary to the contract of rental or misuse, neglects obligations, allowing for damage, or destroys devices intended for the common use by the residents;

3) it goes in a way which is blatant or persistent against the household order, making the use of other premises cumbersome;

4) is in the body with a payment of rent or fees for benefits connected with the operation of the premises for a period of at least two full payment periods, despite the written notice of the intention to issue a decision to empty the premises and designate an additional one, the monthly deadline for payment of arrears and current receivables;

5) received the financial assistance referred to in art. 184 (1) 1;

6) he was transferred to serve in another locality and assigned to him in this or nearby village the next dwelling place;

7) relinquished the allowances of the occupied dwelling;

8) has been convicted by a final judgment of the court for a deliberate offence prosecuted from public prosecutions or a deliberate treasury offence of public prosecutions or intentionally committed treasury crime, committed in connection with the performance of duties work, and in order to achieve a property or personal advantage, or for an offence referred to in Article 258 of the Act of 6 June 1997. -the penal code or the judgment of which the criminal measure has been ordered to deprive the public of a criminal offence or a treasury offence.

2. The decision on the emptying of the dwelling shall also be issued:

1) if the officer or his/her spouse is entitled to a legal title to another dwelling, referred to in art. 177; in this case, the persons concerned shall have the right to choose one of the occupants;

2) in the case of occupations of the dwelling referred to in art. 177, by an officer or members of his family or any other person-without a legal title.

3. The decision to empty the premises shall be issued in relation to all persons residing in that premises.

Article 189. [ The payment of the costs of access to the media by an officer transferred from the office to serve in another place] 1. The officer transferred from the office to serve in another locality, to whom the temporary accommodation was assigned, shall bear the costs of delivery to it of electricity and heat, gas and water, the collection of waste water, waste and liquid uncleanness, and expenditure relating to the use of radio and television equipment, elevators, telephone, internet and intercom. The remaining costs shall be borne by the unit of the business unit to which the officer was transferred.

2. The officer in the preparatory service, to whom the temporary accommodation is allocated, shall pay the rental fees and shall bear the costs of delivery of the media referred to in paragraph. 1.

Article 190. [ Decision on emptying of temporary accommodation] The decision to empty the temporary accommodation shall be issued in the following cases:

1. termination of the officer's business relationship or transfer to service in another locality;

2) termination of the period of the preparatory service;

3) referred to in art. 188 par. 1 points 1 to 4, 7 and 8 and paragraph 1 2.

Article 191. [ Delegation] The Minister of Justice, in agreement with the Minister for Construction, Local Planning and Planning and Housing, will determine, by way of regulation, the detailed mode of allocation and emptying of the dwellings. and temporary accommodation, as well as detailed conditions for the payment of temporary accommodation, having regard to the model of the application for the allocation of accommodation and temporary accommodation, as well as the nature of the instrument of acceptance by the premises of the premises of the temporary accommodation unit accommodation or temporary accommodation.

Article 192. [ Decision on the exercise of the powers of the officer] Decisions on the exercise of the powers of an officer under the provisions of this Chapter shall be issued by the following authorities:

1) the Minister of Justice with regard to the Director General and his deputies;

2. The Director General, in respect of:

(a) a staff officer serving in the Central Board of Prison Service,

(b) the district director and his deputies,

(c) Commandant of the Central Prison Service Training Centre, the Commandant of the Prison Service Training Centre or the Commander of the Centre for the Improvement of the Prison Service, directly subordinate to him and their deputies;

3. the district director in relation to:

(a) an officer serving in the district inspectorate of the Prison Service,

(b) the director of the custody of the investigator and the director of the criminal establishment located in the district of the inspectorate and his deputies,

(c) the commandant of the Centre for the Improvement of the Prison Service Personally located in the district of the Inspectorate and its alternates;

4) Director of the detention facility, director of the criminal establishment, the Central Command of the Central Prison Service Training Centre and the Commandant of the Prison Service Training Centre and the Commander of the Centre for the Improvement of the Prison Service in respect of the Officer who is serving in these units.

Chapter 19

Provision of officers

Article 193. [ Cash Benefits] 1. The following cash benefits shall be available to the Officer:

(1) the management allowance;

2. reimbursement of travel costs;

3) annual and discretionary awards and oblivion;

4) the jubilee awards;

(5) additional remuneration for the performance of the tasks assigned to it beyond the duties of the service;

6) lump sum for access to the place of duty.

2. In the event of death of an officer or a member of his family, he shall be entitled to a funeral allowance.

3. In the event of the death of the officer in connection with the service, financial assistance for the training of children shall be entitled.

4. Cash benefits are granted to the head of the organizational unit, and in relation to senior management positions in the Prison Service, the relevant supervisor referred to in art. 63 par. 2.

Article 194. [ Installation allowance] 1. The officer in connection with the appointment of a permanent appointment shall be entitled to the installation of one month's basic salary together with the permanent allowances due on the day of his appointment permanently.

2. The provision of the paragraph. 1 shall not apply to officers who serve in the Prison Service after having been released from a professional military service or other service during which they have received such allowance.

Article 195. [ Reimbursement of costs of transit by means of public collective transport] 1. The officer and the members of his family, referred to in art. 216, once a year, shall be entitled to reimbursement of the costs of public transport by means of collective transport to one of the localities which they have sown in the country and back.

2. In the event of non-utilisation of the entitled passage, the entitled person shall receive a flat-rate cash equivalent.

3. The reimbursement of the costs of the journey or payment of the lump sum of the cash equivalent shall be carried out by the competent body of the organization.

4. The Minister of Justice shall determine, by way of regulation, the detailed mode and conditions for the reimbursement of the costs of the journey and payment of the lump sum of the cash equivalent and a model of the proposals on the basis of which the reimbursement of the costs incurred shall be reimbursed. or the payment of that equivalent, taking into account, in particular, the type of means of transport and the distance which constitute the basis for calculating the flat-rate cash equivalent for the use of the toll.

Art. 195a. [ The lump sum for access to the service seat] 1. The officer who lives outside the place of duty shall be entitled to a lump sum for access to the place of duty.

2. The lump sum payment for access to the place of duty shall be carried out by the competent body at the request of the officer. In the event of the existence of the circumstances referred to in paragraph 1. 4, the officer shall submit a reapplication for payment of the lump sum for access to the service.

3. The lump sum for commuting to the place of service shall be paid to the entitled officer on the basis of the rules laid down in the Article. 62.

4. The change of residence of the officer shall withhold the payment of the lump sum for access to the place of duty. The officer shall be obliged to make a statement about each change of residence to the manager of the undertaking.

5. The lump sum for access to the place of service shall not be entitled to the officer who receives the reimbursement of the costs of the journey to the place of duty and back on the basis of the art. 73 (1) 3 point 6.

6. The Minister of Justice shall determine, by way of regulation, the amount of the lump sum referred to in paragraph 1. 1, taking into account the distance of the place of residence from the place of service, the need to preserve the annual and maximum limit of the expenditure referred to in Article 272a ust. 1, and the number of officers entitled to a lump sum.

Article 196. [ Annual Award] 1. The officer for the service in the calendar year concerned shall be entitled to an annual prize of 1/12 of the salary received in the calendar year for which the award is due.

2. An annual award shall be entitled if the officer in the calendar year has served for a period of at least 6 calendar months.

3. The provision of the paragraph. 2 shall not apply in determining entitlement to the annual award for the calendar year in which the officer used the following:

1) from holiday leave, parental leave, additional leave, short-term leave, maternity leave, paternity leave, parental leave, leave on the condition of maternity leave;

2) from the exemption from the performance of business activities, for the reasons referred to in art. 185 § 2 or art. 188 of the Act of 26 June 1974. -Labour Code;

3) from the exemption from the exercise of official activities in the event of the birth of a child of the officer, according to the provisions issued on the basis of art. 298 ² the Act of 26 June 1974. -Labour Code;

4) from the exemption from the exercise of business activities due to the need for personal care of the child referred to in art. 33 (1) 1 point 1 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity.

4. The periods of service shorter than the calendar month shall be summed up by accepting that each 30 days of service shall be a full calendar month.

5. An annual award shall be given to the officer who, because of:

1) death,

2) disappearants,

(3) termination of a business relationship if, on the date of cessation of that relationship, it fulfils the conditions for the acquisition of the right to a pension

-he has been in service for a part of the calendar year in question, in the amount of 1/12 of the salary received in the calendar year for which the award is due.

6. The officer referred to in the paragraph. 5, which has been served in a given calendar year for a period of less than one calendar month, the annual prize shall be entitled to a monthly salary of 1/12.

7. An officer who, as a result of an accident or illness in connection with the service, has suffered death or whose business relationship has expired on the basis of art. 97 ust. 1 point 1, the annual prize shall be entitled to the last year of service in the amount of the monthly salary, irrespective of the period of service in which the service is in this year.

8. The emoluments referred to in paragraph 1. 1, do not include the salary received during the period of suspension in business activities, temporary arrest or execution of a disciplinary penalty, from the day of its final metering up to the date of the disappointment.

Article 197. (repealed)

Article 198. [ Periods of service to be included in the periods giving rise to the award of the annual award] 1. To the period of service referred to in art. 196 (1) 1, the periods shall not be counted:

1) use of unpaid leave;

(2) interruptions in the performance of official duties for which the officer has not retained the entitlement to the emoluments referred to in Article 4 (2). 61;

3) suspension in business or temporary arrests;

4) execution of the disciplinary penalty from the day of its final metering to the day of the friction.

2. The provision of the paragraph. 1 (3) and (4) shall not apply if the criminal proceedings in a criminal offence, a treasury offence or a disciplinary procedure, in respect of an act in connection with the arrest, suspension of business or conduct the disciplinary decision was waived, or the officer was acquitted on the basis of a final judgment or a decision on acquittal in disciplinary proceedings.

3. The morals of the proceedings referred to in paragraph. 2, does not apply to the conditional redemption of criminal proceedings or proceedings in the case of a treasury offence nor the redemption of this proceedings due to statute of limitations or amnesty.

Article 199. [ Conditions for the absence of an annual award] The annual award shall not be entitled to a calendar year in which:

1) convicted an officer of a final judgment of the court for a intentional offense prosecuted from a public prosecutor or a deliberate treasury crime with public prosecutions or a deliberately committed treasury offence;

2. a disciplinary penalty shall be given to the officer by the enforcement of the expulsion;

3. the Officer's opinion shall be given to the officer of:

(a) the failure to comply with official duties in the post established during the period of the permanent service,

(b) the unsuitability of the post in the period of the permanent service,

Article 200. [ Annual Award and the Law of the Service] In the cases referred to in Article 198 and art. 199 officers who, on the date of establishment of the business relationship, meet the conditions for the acquisition of the right to a pension or invalidity pension, shall be awarded an annual reward of 1/12 months of salary.

Article 201. [ Payment of the annual award] The annual award shall be paid not later than in the first four calendar months following the year for which the award is due, except that the official award officer shall be paid no later than the last day. services.

Article 202. [ Annual Award and Criminal Procedure] 1. If a criminal proceedings of intentional criminal prosecution were initiated against the officer, the intentional tax offence or disciplinary action in the calendar year for which the award is granted shall be determined allowances for the annual award for that calendar year and subsequent years following the end of the proceedings.

2. The annual award shall be paid no later than 30 days from the date of termination of the proceedings referred to in paragraph. 1.

Article 203. [ Discretionary Award] A discretionary award may be granted to the officer, in particular for the diligent performance of work tasks, the performance of work tasks requiring significant work, and the performance of the officer's courage.

Article 204. [ Non-repayable cash forgeton] 1. The officer, whose living conditions have deteriorated significantly, in particular in connection with events of fate, long term own illness or family member, death of a family member, may be granted a non-refundable monetary oblivion.

2. In the granting of monetary oblivion, all the circumstances affecting the material situation of the officer and his family shall be taken into account.

Article 205. [ Delegation] The Minister for Justice, in agreement with the Minister for Work, shall determine by way of regulation:

1) the amount of the fund for annual awards, discretionary awards and oblivion for the officers,

2) the means of establishing and conditions for increasing its height for individual organizational units,

3) the mode of increasing the fund for annual awards, discretionary awards and oblivion with the financial resources obtained from the reduction of the emoluments referred to in art. 60h,

4) the procedure and the competence of the superiors in the award and payment of the annual, discretionary and disbursed prizes

-with a view to a deliberate and rational policy on the disposal of funds.

Article 206. [ Jubilee Awards] The officer shall be entitled to the jubilee awards at the level of:

1) after 20 years of service-75%,

2) after 25 years of service-100%,

3) after 30 years of service-150%,

4) after 35 years of service-200%,

5) after 40 years of service-300%

-monthly basic salary together with fixed allowances.

Article 207. [ Period of service entitling to the Jubilee Award] 1. The period of service of entitlement to the jubilee prize shall be included:

1) all completed periods of service and work carried out in a dimension not less than half of the full time dimension of the work;

2) other periods if, by virtue of separate provisions, they are counted in the working period on which the employee's rights depend;

3) a period of higher education provided for in the curriculum in a total dimension of not more than 5 years, subject to a diploma of graduation.

2. If the officer on the day of documentation of the right to the jubilee prize is simultaneously entitled to two or more jubilee awards, only one prize in the higher dimension shall be paid.

3. In the case of acquisition of the right to a higher degree of award within 12 months from the date of acquisition of the right to the prize of a given degree the officer shall pay the difference between the amount of the higher prize and the amount of the lower prize.

4. In the case of an exemption from the service of an officer entitled to a pension or an annuity, the jubilee award shall be paid on the date of termination of the service relationship, if on that day he lacks the jubilee internship, from whom the acquisition of the right to reward depends jubilee, not more than 12 months.

5. The Minister of Justice, in agreement with the Minister responsible for the matters of work, will determine, by way of regulation, the detailed mode of calculation and payment of the jubilee prize, as well as periods of service, work and learning resulting in the acquisition of the right to the award the jubilee, how to document these periods and the time limit for paying the prize, taking into account the efficiency of the proceedings and the safeguarding of the rights of the officers.

Article 208. [ Additional remuneration] 1. The officer shall receive an additional remuneration for the performance of the tasks which go beyond the duties of the service officer.

2. The remuneration for the inventions made by officers, technical improvements and improvements shall be determined by separate regulations.

3. The Minister of Justice shall determine, by means of a regulation, the types of tasks assigned to him, for which the officer receives additional remuneration, the amount of that remuneration and the mode of payment of that remuneration, the method of calculating the remuneration and the time limit for his to pay, with a view to the nature of these tasks.

Article 209. [ Funeral allowance in case of death of a family member] 1. In the event of death, the officer shall have a funeral allowance in the amount of:

1) 4000 PLN if the funeral expenses are borne by the spouses, children, grandchildren, siblings or parents;

(2) the costs actually incurred, but at most, to the level referred to in point 1, where the costs of the funeral are borne by another person.

2. In the event of payment of the costs of the funeral of an officer from the Prison Service, the rest of the family shall be entitled to 50% of the funeral allowance referred to in the paragraph. 1 point 1.

Article 210. [ Funeral Expenses] 1. The costs of the funeral shall be borne by the Prison Service, if the death of the officer has occurred as a result of an accident remaining in connection with the service.

2. The Director General may agree to cover the costs of the funeral of an officer deceased as a result of the illness remaining in connection with the service.

3. The cost of the officer's funeral shall be paid to the organization unit in which the officer held the service immediately before his death.

4. Funeral costs of the organizational unit cover up to no higher than six times the average salary in the quarter preceding the date of the burial, announced by the President of the Central Statistical Office in the Official Journal The Republic of Poland "Monitor Polski".

5. Regardless of the amount of funeral expenses, the organizational unit additionally covers the costs associated with the carriage of the corpses to the locality in which the deceased officer is to be buried.

6. If the family of an officer who died as a result of an accident or illness which is in connection with the service:

1) undertake to organize the funeral on its own-the costs of the funeral of the officer shall be reimbursed up to the amount referred to in the paragraph. 4; paragraph provision. 5 shall apply mutatis mutandis;

2) built the tombstone for its own order-the costs of the officer's funeral are subject in this part of the reimbursement to the amount of the difference between the amount referred to in the paragraph. 4, and the amount actually spent to cover the costs of the officer's funeral, organised by the business unit.

(7) The Minister of Justice shall determine, by means of a regulation, detailed conditions, time limits and arrangements for the payment of the costs of the funeral and the way in which they are documented, taking into account the types of expenditure incurred affecting the benefit.

Article 211. [ The amount of the funeral allowance in the event of death of a family member] 1. In the event of death of a family member, the officer shall be entitled to a funeral allowance of PLN 4,000.

2. In the event of the confluent of entitlement to the funeral allowance referred to in paragraph. 1 with the entitlement to a funeral allowance entitled under the separate provisions of the officer shall be required in the first place to exercise the entitlement to the allowance under the separate provisions.

Article 212. [ Funeral allowance for the death of a family member] 1. A funeral force for the death of a member of the officer's family shall be entitled in the event of death:

1. spouse;

2. the children of their own or spouse and of children who have been prepared;

3) children raised within the foster family;

4) children admitted to education before reaching the age of age, if the parents are not living or unable to provide for their subsistence or are deprived or restricted in the exercise of parental authority;

5) the parents of the officer or his or her spouse, as well as their stepfather, stepmother or the persons of their appendage;

6) persons whose legal guardian was established an officer or his/her spouse.

2. In the case of the confluent of entitlement to the funeral allowance in connection with the payment by the officer of the costs of the funeral of a member of his or her family who is also an officer entitled, one allowance shall be entitled to the allowance.

3. The Minister of Justice shall determine, by way of regulation, the arrangements for payment of the funeral allowance and the types of documents required for his payment, taking into account the efficiency of the payment.

Article 213. [ The death of the officer-financial assistance for training from the resources earmarked for this purpose] 1. In the case of an officer whose death occurred in connection with the service, each of his dependent children, who on the day of his death fulfilled the conditions for obtaining the survivor's pension, the Director General grants financial assistance to the the education from the funds earmarked for this purpose in the budget of the Prison Service.

2. The financial assistance referred to in paragraph 2. 1, benefit students from public and non-public schools with the authority of public schools for young people and for adults and for listeners of teachers ' education establishments and colleges of employees of social services, and higher education students the completion of the training, however, not longer than the completion of 25. year of life.

3. The Minister of Justice shall determine, by means of a regulation, the detailed conditions and the procedure for the granting of the aid referred to in paragraph 1. 1, taking into account the amount of aid depending on the level of education and the type of school.

Article 214. [ Rest fee] 1. The officer who acquired the right to holiday leave, and each member of his family shall be entitled to a provision in the form of an aid for rest, at a rate of 35% of the lowest basic salary in the Prison Service, at rates on the date of payment of the benefit.

2. In the event of the conflue of the powers referred to in paragraph 2. 1, for the service of both spouses in the Prison Service, only one of them shall be paid to the aid.

Article 215. [ Right to social benefits] 1. The officers and members of their families shall have the right to benefit from the following social benefits:

1) holiday stays organized by organizational units;

2) colonies and holiday camps for children and young people organized by organizational units;

3) foreign exchange stays organised by the organizational units;

4) foreign colonies and interchangeable camps organized by organizational units;

5) nutrition in employee canteens carried out by organizational units;

6) sports or recreation activities organised by organizational units.

2. Social benefits shall be of a paid nature, with the exception of sporting activities. The payment should cover the costs associated with the organisation of the type of benefit in question and does not include profit markings.

3. The Minister of Justice shall determine, by means of a regulation, the procedure and conditions for the granting of social benefits, taking into account:

1) superiors entitled to grant social benefits;

2) the documents constituting the basis for the acceptance and stay in the organizational units connected with the implementation of the social benefits referred to in the paragraph. 1 points 1 to 4 and 6;

3) the properties and conditions of the service and the situation of life, family and material officer-in the case of granting of the social benefits referred to in the paragraph. 1 points 1, 2 and 4;

4) the conditions of residence and participation in the colonies and camps referred to in para. 1 points 1, 2 and 4;

5) how to determine the needs in terms of the number of places to benefit from the social benefits referred to in paragraph. 1 points 1 to 5, and the way in which the records of persons staying in the organisational units and the use of allocated seats are kept;

6) cases of determination of compensation for lost or damaged property and charges for the cancellation of social benefits referred to in paragraph. 1 points 1 to 4 and the arrival at a different time than specified in the referral or early departure from the business unit;

7) cases of the use of half of the food or feed in the form of dry proviante;

8) the manner and timing of the fixing of the fees and the cases of collection of prepayments;

9) the time limits for making the fees for stay or board in the organizational units benefiting from the social benefits referred to in the paragraph. 1 points 1 to 5.

Article 216. [ Members of the family of the officer entitled to benefits] 1. For the members of the family of an officer entitled to the benefits provided for in Art. 213-215 is considered to be the spouse and children.

2. For children, the dependent children of their own, the spouse, who have been prepared, taken for the upbringing, shall be deemed to be dependent, which shall:

1) have not completed 18. year of life, and in the event of attendance at school-25 years;

(2) irrespective of age, they have become incapable of work and self-existence or completely incapable of working before the age referred to in point 1.

Chapter 20

Examination of disputes over claims by officers of a business relationship

Article 217. [ Resolving of business relationship in written form] 1. Cases from the business relationship shall be resolved in writing.

2. In the case of a business relationship, it shall be understood: establishment of a service relationship, appointment and appointment of officers to office, transfer, appeal and release from office posts, degrees of Prison Service, suspending in business activities, release from service, finding of an expiry of a business relationship, setting of salaries, granting of cash benefits and other necessary activities relating to the establishment, alteration, termination of service and the fulfilment of the content of this business relationship the powers and duties of officers.

Article 218. [ Resolution of cases concerning the release of service, transfer and suspension in business activities-decision] 1. Cases concerning:

1) exemption from service,

2) transfer from office to serve in another organizational unit,

3) transfer to a lower business position,

4) suspension in business activities

-shall be decided in the form of a decision.

2. From the decisions referred to in paragraph. 1 officer may, within 14 days, appeal to the superior of the superior.

3. The appeal of the appeal shall not suspend the execution of the decision.

4. To proceedings in the cases referred to in paragraph. 1, the provisions of the Act of 14 June 1960 shall apply. -The Code of Administrative Procedure (Dz. U. of 2016 r. items 23).

5. From the decision of the appeal body shall have the right to lodge a complaint with the administrative court on the rules laid down in the Act of 30 August 2002. -Right of proceedings before administrative courts (Dz. U. 2012 r. items 270, of late. zm.).

Article 219. [ Resolutions arising from official service-staff order] 1. Cases resulting from the official business, concerning:

1. appointment and appointment as service posts,

2. revocations and dismissals from service posts and transfer at the disposal,

3. degrees of Prison Service,

4) the delegation to the temporary duty of service in another organizational unit,

5. secondment for the performance of official tasks outside the Prison Service in the country or outside the State,

6. the assignment of official duties to another service station

-shall be settled in the form of an order of staff.

2. The form of a personal order shall also apply to the statement of termination of the service relationship.

3. The personal order shall be enforceable as of the date specified therein. The appeal shall not be subject to any appeal.

Article 220. [ Disputes on claims on other matters] Disputes over claims against the officers ' business relationship in matters not listed in the article. 218 (1) 1 and Art. 219 ust. 1 and 2 shall examine the court competent in matters of employment law.

Article 221. [ Repeal of decisions, reestablishment of a business relationship] 1. Repeal:

1) a final judgment of a medical commission of total incapacity for service,

2) the final conviction and the issue in the new proceedings of the final judgment of the acquittal,

3) a final judgment on the conditional redemption of criminal proceedings for a criminal offence prosecuted from public prosecutions or a deliberate treasury crime with public prosecutions or intentionally committed treasury crime and release in a new proceedings for a final decision on the remission of such proceedings,

4) a final judgment on the disciplinary penalty of the expulsion of the service, as well as the annulment or annulment of the legal basis of the final decision to release from the service in the Prison Service

-provides the basis for the initiation of proceedings concerning the reestablishment of a business relationship. It shall apply mutatis mutandis to the proceedings. 38 and art. 39.

(2) In exceptional cases justified by the special circumstances of the case, the conduct of a qualifying procedure may be waiving or limited to a limited extent.

3. The procedure referred to in paragraph 1. 1, shall carry out the postponed competent to determine the termination of the official relationship or of the exemption from the service of the officer.

Article 222. [ Reestablishment of business relationship, nomination] 1. The positive termination of the proceedings referred to in art. 221, provides the basis for the issue of the instrument of appointment referred to in art. 42 par. 8, for a specified post office, at least equivalent to that of basic salary with the position occupied by the officer immediately prior to the establishment of the duty-ratio.

2. The reestablishment of the business relationship shall take place on the date of the repeal by the competent authority of the consequences of the cessation of the business relationship referred to in art. 221. The entitlement to the emoluments shall arise from the date specified in the instrument of appointment.

3. In the absence of the possibility of appointment as referred to in paragraph. 1, the officer shall be appointed as a service officer, mutatis mutandis, taking into account the provisions of Article 4 (1). 72 par. 1.

4. The appointment of an officer to a lower business position shall be followed by his consent. In the event of a disagreement by the officer, the consent shall be released from the service.

5. In the event of a negative termination of the proceedings referred to in art. 221, it appears to be a decision to discontinue this proceeding. The provisions of Article 4 218 shall apply mutatis mutandis.

(6) The final decision to waive the procedure for reestablishment of a business relationship shall give rise to the finding of an expiry on the date of the effective cessation of service by the officer.

Article 223. [ Cash benefit to the officer with whom the business relationship has been reestablished] 1. The officer with whom the business relationship has been reestablished or to which the proceedings referred to in art have been terminated. 221 shall be entitled, for the duration of the remaining non-payment service, equal to the seat on a business position immediately prior to the establishment of the business relationship, but not more than for a period of six months and not less than 1 month.

2. If, during the period of remaining outside the service, the officer received a pension benefit, paid on the basis of separate provisions, or the cash benefit referred to in art. 102 (1) 1, the amount of the difference between the salary payable and the pension paid or the certificate referred to in Article 1 shall be paid to him. 102 (1) 1.

3. The period of remaining outside the service for which the benefits referred to in the paragraph are granted. 1, shall be treated equally with the service of all entitlements subject to the internship of the service.

Article 224. [ Cash benefit in the event of an annulment or annulment of a final decision on exemption from service] 1. In the event of an annulment or annulment of the final decision to release from the service in the Prison Service for reasons other than those referred to in art. 221 (1) 1 officer shall be paid only for the cash benefit referred to in Article 1. 223 ust. 1, taking into account the mouth. 2.

2. The witness referred to in paragraph 2. 1, shall be paid within 14 days from the date of submission by the officer of the application in the case together with the document confirming the repeal or the annulment of the decision to release from the service in the Prison Service.

3. The supervisor referred to in art. 221 (1) 3, states, on the basis of the document referred to in paragraph. 2, the termination of the service relationship on the date of actual cessation of service by the officer.

Article 225. [ Restoration of degree] The officer shall be reinstated in the event of the annulment of the final judgment of the measure punishable by deprivation of public rights or of the annulment of a final conviction for a criminal offence prosecuted by public or intentional prosecutions treasury crime, a custodial sentence, the execution of which has not been conditionally suspended.

Article 226. [ Claims redress] 1. Claims for the right to salary and other benefits and cash receivables shall be statute-bargaining within 3 years from the date on which the claim became due.

2. The claim for the right to first claim of uniforms to be issued to the officer in kind shall be statute of limitations within 3 years from the date on which the claim became charmand.

3. The superior officer responsible for the processing of claims may not take into account the statute of limitations, if the delay in the investigation of the claim is justified by exceptional circumstances.

4. The statute of limitations on claims for salaries and other benefits and cash receivables interrupts:

1) any act before the superiors competent to deal with claims, taken directly for the purpose of the investigation or determination or satisfaction of the claim;

2) recognition of the claim.

Article 227. [ Right to interest in the event of non-payment of basic salary and fixed-term allowances within a period of time] In the case of non-payment of basic salary and allowances for permanent emoluments within the period referred to in Article 4 (1) of the basic Regulation. 62 ust. 2, the officer shall have the right to receive the statutory interest for the delay, which shall be charged for each day of delay.

Article 228. [ Deductions from salaries] 1. The salary of officers may be made by deductions on the rules specified in the provisions on judicial enforcement or enforcement proceedings in the administration or in other specific provisions, if the further provisions of this Act do not provide otherwise.

2. By the salary referred to in paragraph 2. 1, the basic salary shall be understood together with the permanent appendices as well as the benefits associated with the establishment of the business relationship referred to in Article 4 (1). 99 and art. 102 (1) 1.

3. The Minister of Justice shall determine, by means of a regulation, the superiors competent to make deductions from the emoluments and the procedure for dealing with such matters, taking into account, in particular, the grounds for deductions and the manner in which they are to be followed. amounts withheld.

Article 229. [ Exclusion of deductions] Deductions under the rules of judicial enforcement or enforcement proceedings in the administration or in other specific provisions shall not apply to advances charged to the settlement, and in particular for travel expenses, delegations or transfers. These receivables shall be deducted from the full amount of the salary, irrespective of the deductions from other titles.

Chapter 21

Disciplinary liability of officers

Article 230. [ Disciplinary responsibility] 1. The officer shall be liable to disciplinary action for committing disciplinary action in violation of official discipline or for acts which are contrary to the complex vow.

2. Violation of professional discipline constitutes the act of the officer committed intentionally or unintentionally consisting in violation of the good name of the service or on exceeding the powers or failure to perform obligations under the provisions of law or orders and Commands issued by superiors.

3. The violation of official discipline shall in particular:

1) refusal to execute or failure to execute the command or order of the superiors or the authority authorized under the Act to issue instructions to the officers;

2) omisoness of a business activity, or execution of it in an abnormal manner;

3) the inhumane treatment, the expropriating dignity of persons deprived of liberty;

4) failure to comply with official duties or exceeding the powers laid down in the law;

5) misleading the superior or other officer, if this has caused this or may have caused damage to the service or to another person;

6) the conduct of the superiors contributing to the loosening of the discipline of the service;

7. to be able to serve in the state after the use of alcohol or a similar working measure and the consumption of alcohol or a similarly acting means of service;

8) loss of professional firearms, ammunition or service cards;

9) the loss of an object constituting a business equipment, the use of which by unauthorised persons has caused damage to the citizen or created a threat to public order or to the general security;

10) loss of a document containing information constituting state secrets or official business;

11) abuse of the occupied position of business or service for the attainment of property or personal gain;

12) the arbitrary dismissal of the officer from the accommodation area, if he is serving in a skillful system, as well as the unjustified leaving or failure to leave in the place of duty.

4. The act of disciplinary rewinding, of a criminal offence, of a criminal offence, of a tax offence, of a criminal offence shall be subject to disciplinary responsibility, irrespective of criminal or criminal liability. treasury.

5. In the case of an act constituting a disciplinary rewinding of a lesser weight, fulfilling simultaneously the marks of a misdemeanor or misconduct of the treasury for which he has been blamed, the disciplinary supervisor may depart from the opening of the proceedings, and to remit.

6. In the case of an act constituting the disciplinary rewinding of the lesser weight of the disciplinary supervisor referred to in art. 231, may refrain from initiating the procedure and carry out with the perpetrator of the disciplinary rewinding of a documented disciplinary discussion.

Article 231. [ Officers of Disciplinary Officers] 1. The supervisor of the disciplinary officer shall be the relevant manager of the organizational unit referred to in art. (32) The same disciplinary authority shall have the officer entrusted with his duties in that position.

2. An appointed disciplinary officer occupying a higher managerial position in the business unit shall be the appropriate superior referred to in art. 63 par. 2.

3. A seconded disciplinary officer for temporary duty or who has been delegated for initial, professional, professional or professional training in the Central Training Centre for the Prison Service, centre the Prison Service training or the Prison Service Training Centre shall be a disciplinary supervisor at the place of temporary service, training or professional development, except for the possibility of sentencing the penalties laid down in Article 3. 232 points 3 to 7, which the supervisor referred to in paragraph 3 shall be the subject of the measure. 1 and 2.

4. In the event of the transfer of the officer to serve in another organizational unit and the related change of the supervisor of the disciplinary procedure, the disciplinary proceedings initiated against the officer shall take over and rule in the first instance new Disciplinary Supervisor

5. The officer seconded to the performance of his duties outside the Prison Service shall be subject to the disciplinary authority of the superiors referred to in the paragraph. 1 and 2.

6. The disciplinary supervisor may in writing authorize his deputies or other officers from the direction of his/her organizational unit to arrange disciplinary matters on his behalf within a set range.

7. Doubts concerning the determination of the jurisdiction of the superior in disciplinary matters shall be resolved by a higher disciplinary supervisor by way of order.

8. Higher disciplinary supervisors in disciplinary proceedings conducted against:

1. Director General, Deputy Director General, District Director, Chief of the Central Training Centre, Chief of the Prison Service Training Centre and Head of the Prison Service Personally Improvement Centre directly subordinate to the Director General and the officers of the Central Board of the Prison Service, shall be the Minister of Justice;

2) Deputy of the District Director, Director of the Penal Office or the arrest of an investigator, Deputy Commandant of the Central Prison Service Training Centre, Deputy Commandant of the Prison Service Training Centre, Deputy Commandant of the Centre of Excellence the staff of the Prison Service, directly subordinate to the Director General and the district officers of the Prison Service Inspectorate, shall be the Director General;

3) the deputy director of the criminal or investigative plant, the Deputy Commander of the Centre for the Improvement of the Prison Service Personalities and the officers of these units, shall be the district director.

Article 232. [ Disciplinary penalties] The disciplinary penalties shall be:

1. nagana;

2) warning of the unfull suitability for the business position occupied;

3) a warning about the unfull suitability for service in the Prison Service;

4) designation for a lower business position;

5) lower degree;

6) designation for a lower business position with a decrease in grade;

7) expulsion from the service.

Article 233. [ Nagana Penalty] The reprimand's punishment is to be punished by the superior of the disciplinary wrongdoing.

Article 234. [ Penalty of warning of unfull fitness for a business position] 1. The penalty of a warning of unfull suitability for a business position shall consist of a disciplinary discussion and an extrication of the wrong course of action and prejudice that, if it is again committed to disciplinary action, it shall be given the opportunity to submit a notice to the public. may be appointed for a lower business position in disciplinary or punitive disciplinary procedures.

2. The penalty of a warning of incomplete fitness for service in the Prison Service is to hold a conversation, stamping out the wrong conduct and warning that for the recommittal of the act punished can be expelled from the service.

Article 235. [ Penalty for appointment to lower business position] 1. The appointment of a lower office shall consist in the exemption from hitherto of the official position and the appointment of a lower service position than the office used hitherto.

2. Prior to the dismissal of the sentence of appointment to a lower official position, the officer shall not be appointed for a higher duty.

Article 236. [ Reduction penalty] The penalty of a reduction shall consist in the issue of a personal order of loss of the degree to which it has been lost and the degree to which it is directly

Article 237. [ Penalty of Expulsion from Service] 1. The expulsion penalty shall consist in the statement of termination of duty.

2. The penalty of expulsion from the service of the officer shall be issued by the Director General.

Article 238. [ Quantity of scrollers and the amount of penalties] 1. Only one disciplinary penalty may be measured for a disciplinary rewinding.

2. For the commission of several disciplinary offences, one disciplinary penalty may be traced, appropriately harsher, having regard to the educational or preventive considerations of the sentence imposed.

Article 239. [ Punishment rules] 1. The measured penalty should be commensorate to the committed disciplinary and degree of envy, in particular it should take into account the circumstances of committing the disciplinary, its effects, including the aftermath for the service, the type and the degree of non-compliance with the obligations, the wakeup of action, the conduct of the disciplinary action before and after the commission has been committed and the course of the service so far.

2. The exacerbation of the penalty shall be influenced by the following circumstances of the disciplinary rewinding:

1) action with motives and motives deserving of particular condemnation or in the state after the use of alcohol or other similarly acting means;

2) committing disciplinary action by the officer prior to the dismissation of the disciplinary penalty against him;

3) serious repercussions of disciplinary action, in particular the significant disruption of the implementation of the Prison Service tasks or the violation of the Good Name of the Prison Service;

4) act in the presence of the submaster, jointly with him or at his or her injury.

3. On the easing of the penalty dimension, the following circumstances of the disciplinary rewinding are affected:

1) the inadvertence of his committment;

2) taking the officer's efforts to reduce its effects;

3) lack of sound professional experience or sufficient professional skills;

4) voluntarily informing the disciplinary supervisor of the commission of disciplinary action prior to the initiation of disciplinary proceedings.

4. The disciplinary supervisor shall take into account the circumstances referred to in paragraph 1. 1-3, only in relation to the officer in question.

Article 240. [ Reasonable presuming of a disciplinary rewinding, doubt as to the commission of a disciplinary rewinding] 1. A disciplinary supervisor, if there is a reasonable presuming of the conduct of the disciplinary officer to commit:

1. Disciplinary proceedings shall be initiated:

(a) on its own initiative,

(b) at the request of the immediate superior of the officer,

c) at the command of a higher supervisor,

(d) at the request of the court or prosecutor

2) may initiate disciplinary proceedings at the request of the victim.

2. A higher disciplinary supervisor may initiate or take charge of disciplinary proceedings before the decision is given, if it is necessary in his assessment on the nature of the case.

3. In the case referred to in paragraph. 1 point 1 lit. (d) and point 2, the disciplinary supervisor shall, as appropriate, inform the court or the prosecutor or the victim of the opening of disciplinary proceedings and the outcome of that procedure by sending a copy of the decision or order issued. The material provided by the court, prosecutor or victim of the victim shall be included in the act of disciplinary action.

4. If there are doubts as to the commission of disciplinary action, its legal qualifications, the identity of the offender or the nature of the case is complicated and complex, the disciplinary supervisor of the contract shall be submitted to the disciplinary proceedings before the initiation of the disciplinary procedure. to perform the explanatory activities. These steps shall be completed within 30 days.

(5) A disciplinary procedure shall be initiated on the date of the decision to open disciplinary proceedings. The officer responsible for the opening of the disciplinary procedure shall be deemed to have been blamed.

6. The reopening of disciplinary proceedings shall include:

1. designation of a disciplinary supervisor;

2. date of issue of the order;

3. degree, first name and surname and position of the blamed;

4) a description of the disciplinary rewinding of the accused blamed with his legal qualification;

5) the reasons for the factual allegations of the disciplinary scrolling;

6) the designation of the disciplinary spokesperson conducting the proceedings;

7) signature with indication of the degree, first name and surname of the disciplinary supervisor;

(8) instruction on the powers conferred on the Commission during the disciplinary procedure.

Article 241. [ Procedural conditions] 1. Disciplinary proceedings shall not be initiated and the umber initiated:

1. if the Explanatory Actions have not confirmed the existence of a disciplinary rewinding;

2) after the expiry of the time limits specified in the paragraph. 3-5;

3) in the event of death of the officer;

4) if a final disciplinary decision has been made in the same case or disciplinary action is pending;

(5) where, in view of the gravity of the scrolment, it appears sufficient to apply the disciplinary measures in the form of:

(a) carrying out a disciplinary discussion,

(b) a commitment which has been blamed for the urticaria,

(6) where there is another circumstance that exempts the proceedings.

2. The decision to refuse to open disciplinary proceedings and the decision to dismiss disciplinary proceedings shall be served on the victim, if he has filed a request for disciplinary action. In order to refuse to open disciplinary proceedings and to the decision to waiver this procedure, the victim may lodge a complaint with a higher disciplinary supervisor within 7 days of the date of service. Article 240 (1) 1 point 1 lit. c applies.

3. disciplinary proceedings shall not be initiated after 90 days from the day of the postponement of the disciplinary message of the committing of disciplinary action.

4. A disciplinary measure shall not be measured after the end of the year from the date of committing the disciplinary action. The suspension of disciplinary proceedings shall suspend the course of that time limit.

5. If a disciplinary action is an act containing simultaneously the marks of a criminal offence, a misconduct, a treasury offence or a treasury offence, the expiry of the period referred to in paragraph shall be 4, shall not occur earlier than the expiry of the time limits for the limitation of the criminality of those offences or offences.

Article 242. [ Voluntary surrender to punishment] 1. If the fault of the officer and the circumstances of the act do not raise doubts and there is no need to impose one of the penalties referred to in art. (3) paragraphs 3 to 7, after hearing the particulars and the written explanations given by him and obtaining his written consent to the voluntary surrender of the disciplinary penalty without disciplinary action, a protocol of the above shall be drawn up. The action and the decision to impose a disciplinary penalty shall be issued.

2. To the judgment referred to in paragraph. 1, the complaint shall not be granted.

Article 243. [ Disciplinary spokesperson, disciplinary supervisor] 1. Disciplinary proceedings shall be carried out by a disciplinary spokesperson.

2. The disciplinary supervisor shall appoint disciplinary ombudsmen for a period of 4 years from among the officers in the permanent service. The Officer may be appointed again to serve as a Disciplinary Officer.

3. The disciplinary officer for conducting disciplinary proceedings shall appoint a disciplinary officer to the extent of at least:

1) of a younger ensign, if the proceedings are to apply to an officer having a degree in the ranks of the ranks, the subofficers or the ensign;

2) the lieutenant, if the proceedings are to apply to an officer holding an officer's degree to the rank of captain;

(3) The master, if the proceedings are to relate to an officer with a degree of major or higher.

4. A disciplinary supervisor for conducting disciplinary proceedings may appoint a team of at least two disciplinary ombudsmen, in particular if it is justified by the complex and complex nature of the case or the weight of the perpetrative.

Article 244. [ Appeal of the Disciplinary Officer] 1. The disciplinary supervisor shall refer the disciplinary officer in the cases:

1) the existence of the circumstances which constitute the basis for the release of him from the service in the Prison Service;

2) to punish him with a disciplinary penalty;

3) transfer it to another organizational unit not directly responsible to the disciplinary supervisor.

2. A disciplinary officer, with the consent of the disciplinary superior, may avail himself of the assistance of another disciplinary officer in carrying out the evidentiary activity.

3. The disciplinary supervisor shall suspend the disciplinary officer in the exercise of his/her functions in the event of disciplinary or criminal proceedings being opened against him.

Article 245. [ Exemption from participation in disciplinary proceedings of a disciplinary supervisor and a disciplinary spokesperson] 1. A higher disciplinary supervisor, a disciplinary supervisor or a disciplinary spokesperson shall be exempted from participation in disciplinary proceedings if:

1. the case shall be directly related to him;

2) is a spouse, relative or a duty to be blamed or a person injured by him within the meaning of the provisions of the Act of 6 June 1997. -Code of Criminal Procedure (Dz. U. Entry 555, z późn. zm.);

3) witnessed the act;

4) there is a circumstance of such a nature that it could give rise to reasonable doubt as to its impartiality in a given case.

2. A senior disciplinary supervisor, a disciplinary supervisor and a disciplinary spokesperson may be excluded from participation in disciplinary proceedings for other legitimate reasons.

3. On the circumstances justifying the exemption from participation in the disciplinary proceedings, a higher disciplinary supervisor, disciplinary supervisor and disciplinary officer shall inform the senior disciplinary officer accordingly and shall be notified to the a disciplinary supervisor.

4. The exclusion of a senior disciplinary supervisor, a disciplinary supervisor and a disciplinary spokesperson from participation in disciplinary proceedings may also occur at the request of the blamed or his/her defense counsel, if he has been established.

5. The disciplinary supervisor shall issue a decision to exclude or refuse to exclude a disciplinary officer from participation in disciplinary proceedings.

6. A higher disciplinary supervisor shall issue a decision to exclude or refuse to exclude a suitably superior or superior disciplinary officer from participation in disciplinary proceedings.

Article 246. [ Exemptions from participation in proceedings-taking over of proceedings] 1. In the event of the exclusion of the disciplinary supervisor from participation in disciplinary proceedings under the Art. 245 par. 1 and 2 disciplinary proceedings shall be taken over by a higher disciplinary supervisor or nominated by a disciplinary supervisor from an equivalent organisational unit.

2. In the event of the exclusion of the Director General from participation in disciplinary proceedings under the Art. 245 par. 1 and 2 disciplinary action takes over one of his deputies.

3. In the case of the exclusion of a disciplinary officer from participation in disciplinary proceedings pursuant to art. 245 par. 1 and 2 disciplinary proceedings shall be taken to the conduct of another appointed disciplinary spokesperson.

4. Until the manager has issued a disciplinary decision, the disciplinary spokesperson shall only take urgent steps.

Article 247. [ Actions in Disciplinary Proceedings] 1. The disciplinary officer shall collect the evidence and take the necessary steps to clarify the case, in particular interrogating the witnesses, who shall accept explanations from him and make a visual inspection. The disciplinary action shall be drawn up by the disciplinary officer of the proceedings. The disciplinary action may also be carried out by a spokesperson.

2. From activities other than those mentioned in paragraph. A protocol shall be drawn up where the special provision so requires, or a disciplinary supervisor or a disciplinary spokesperson considers it necessary. In other cases, it may be restricted to drawing up the official note.

3. The protocol shall contain:

1) the designation of the activity, its time and place, the persons participating in it or on it, and the nature of their participation;

2) a description of the course of action

3. where necessary:

(a) a statement of other circumstances concerning the course of

(b) the statements and conclusions of the participants,

4. The explanations, testimonies, statements and conclusions and statements of particular circumstances by the disciplinary officer or the head of the business unit shall be recorded in the minutes with a possible accuracy, and the persons involved in the activity shall have the the right to request storage in a protocol with the full accuracy of everything that concerns their rights and interests.

5. The persons taking part in the activity from which the protocol is drawn up and the persons present, after hearing the contents of the protocol, shall sign each of the pages of the minutes. Refusal to read the contents of the protocol and the refusal or no signature of any person shall be described in the minutes.

6. A disciplinary officer in the course of proceedings shall issue provisions if their issue is not reserved to the property of a disciplinary supervisor.

7. The order issued in the course of proceedings, with the exception of the order of initiation of disciplinary proceedings, should include:

1) an indication of the issuing of a disciplinary spokesman or disciplinary supervisor;

2. date of issue of the order;

3) the legal basis for issuing the provision;

4. degree, first name and surname and position of the blamed;

5) resolution;

6) factual and legal justification;

7) instructing whether and in what mode the right to lodge a complaint is entitled;

(8) signature, giving the degree, first name and surname of the issuing provision.

8. In case of necessity of carrying out an activity outside the locality in which disciplinary proceedings are pending, the disciplinary supervisor may request it to be carried out to the manager of the organizational unit by the place, in which the task is to be made.

9. If an act which is the subject of a disciplinary procedure is or has been the subject of other proceedings, in this preparatory proceedings, a disciplinary supervisor may request the competent authority to make the act of such proceedings available in the whole or in part. With the agreement of that authority, the necessary write-offs or extracts from the records made available shall be included in the act of disciplinary action.

10. If the evidence justifies it, the disciplinary supervisor shall issue a decision to amend the pleas in law.

11. If, in the course of conducting a disciplinary procedure, the officer will commit another rewinding, one conduct shall be carried out. The provisions of the paragraph 10 shall apply mutatis mutandis.

Article 248. [ Course of proceedings] 1. In the course of disciplinary proceedings the blamed shall have the right to:

1) refusal to provide explanations;

2) the reporting of evidentiary applications;

3) review the file of disciplinary proceedings and the drawing up of notes, subject to the paragraph. 2;

4) establishment of a defender, who may be a lawyer, legal counsel or indicated by an overturned officer who has given his consent to represent the person blamed in the course of the disciplinary proceedings and the appeal proceedings;

5) to contribute to the supervisor of the disciplinary complaint of the provisions issued in the course of proceedings by a disciplinary spokesperson, within 7 days from the date of service and in the cases indicated in the Act; to the provisions issued by the supervisor A disciplinary complaint shall be entitled to a higher disciplinary supervisor, subject to Article 4 (1). 253 para. 8.

2. A disciplinary spokesperson may, by way of order, refuse to release the file if the good of the disciplinary action is opposed. The order shall be entitled to a complaint.

3. The establishment of the defender entitles him to act throughout the disciplinary proceedings, without excluding the act after the decision has been legitimised, if there are no restrictions. The amendment of the scope of the power of attorney for disciplinary action or of the revocation of a disciplinary action shall be notified without delay to the defender and to the disciplinary officer.

4. The defender shall not take action to the disadvantage of the blamed. He may resign from representing the disciplinary action blamed in the course of the proceedings, and shall inform the Disciplinary Officer and the Disciplinary Officer. Until a new defender is established, but not more than 14 days from the date of notification of the blamed, the defender is obliged to take the necessary actions.

5. The participation of the defense counsel in the disciplinary proceedings shall not exclude the personal activity in it of the blamed.

6. The decisions, orders, notices and other letters, issued in the course of disciplinary proceedings, shall be served on the blamed and defender, if it is established. In the event of service by the blamed and defender of the various dates of the letter of appeal or of the complaint, the time limit for the lodging of an appeal or complaint shall be counted from the date of service, for each of them individually.

7. An evidentiary request shall be notified in writing to a disciplinary spokesperson who shall decide whether or not to take account of the application or refuse, by means of an order, to take account of the request, if:

1) the circumstance to be proven does not matter for the resolution of the case or it is already proven in accordance with the applicant's claim;

2) the proof is unhelpful to determine the given circumstance or it cannot be carried out;

3) the carrying out of the proof is inadmissible

(8) In order to disregard the application of the evidence, the complaint shall be entitled to a complaint.

9. The unjustified absence of the service and the unjustifiable failure to do so at the invitation of the Disciplinary Hearing shall not stop the course of disciplinary action.

Article 249. [ Presumption of innocence] 1. The disciplinary supervisor and the disciplinary spokesperson shall be obliged to examine and take into account the circumstances in both the benefit and the disadvantage of the blunted.

2. The blamed shall be deemed not guilty until his guilt is proved and found to be a final judgment. The unreasonable doubt resolves to the benefit of the blamed.

Article 250. [ The timing of the operation, suspension and suspension of the procedure] 1. Evidence in disciplinary proceedings should be completed within one month from the date of the opening of the proceedings. A higher disciplinary supervisor may, by way of provision, extend the period of evidence to be carried out up to 2 months.

2. The disciplinary supervisor may suspend disciplinary proceedings on the grounds of the existence of a long-standing obstacle preventing the conduct of proceedings. The decision to suspend disciplinary proceedings shall be entitled to a complaint within 7 days from the date of service of the order. If a disciplinary action has been initiated at the request of the victim, the complaint may also be lodged with the victim.

3. The disciplinary supervisor shall issue a decision to take suspended disciplinary proceedings after the cessation of the impediment referred to in the paragraph. 2.

Article 251. [ Cognitive to Disciplinary Proceedings] 1. A disciplinary spokesperson after carrying out the evidence and recognition that all relevant circumstances of the case have been clarified, shall inform the blamed and his defender of the possibility of familiariising himself with the acts of disciplinary action within the time limit of 5 days from the date of receipt of notification.

2. A protocol shall be drawn up from the acts of familiarying with the acts of disciplinary action.

(3) Failure to consult or to sign the proceedings of disciplinary proceedings or to provide a signature stating that this circumstance does not hold proceedings. The disciplinary officer shall mention the refusal in the file.

4. The subject shall have the right within 3 days from the day of familiarized with the acts of disciplinary proceedings to submit a request for their addendum. An order for refusal of replenishment of an act of disciplinary action by a disciplinary spokesperson shall be used for the lodging of a complaint.

5. The subject shall have the right within 3 days from the day of familiarizing with the supplemented acts of disciplinary proceedings to submit a request for their addendum to the extent resulting from the performed evidence supporting the files of this proceedings.

6. The disciplinary officer shall, after hearing the disciplinary action of the file, issue an order for the completion of the evidence and shall draw up a report which:

1) indicate the operator of the proceedings and the superior to the disciplinary officer who issued the order to open disciplinary proceedings;

2) indicate the blamed and determine the alleged disciplinary rewinding, with a description of the factual and legal status, determined on the basis of the evidence collected;

3) present the conclusions on the acquittal, the statement of guilt, the withdrawal from the punishment or the retribution of the sentence or the remission of the proceedings.

Article 252. [ Judgment] 1. On the basis of the assessment collected in the disciplinary proceedings of the evidence, the disciplinary supervisor shall issue the decision on:

1) acquitted, or

2. withdrawal from punishment, or

3) punishing, or

4) remission of proceedings.

2. The decision shall include:

1. designation of a disciplinary supervisor;

2) the date of the judgment;

3. degree, first name and surname and position of the blamed;

4) a description of the enrolment of the disciplinary allegation blamed with the legal qualification;

5) resolution;

6) the factual and legal justification of the decision;

7) instructing the law, the time limit and the mode of lodging the appeal;

8) signature, with an indication of the degree, first name and surname of the disciplinary supervisor, and the stamp of the organizational unit.

3. The disciplinary supervisor shall repeal the provision referred to in art. 251 (1) 6, and forward the case file to the Disciplinary Spokesperson to be completed when it is found that all the circumstances of the case have not been clarified.

4. The disciplinary supervisor shall render disciplinary proceedings in the cases referred to in art. 241 (1) 1.

5. The disciplinary supervisor may depart from the punishment if the degree of fault or the degree of negligence of the disciplinary rewinding of the service is not significant, and the property and personal conditions of the officer and the course of the service so warrant the assumption that, despite the withdrawal from the penalty, he will observe the discipline of the service and the rules of professional ethics.

6. The judgment referred to in paragraph. 1, together with the statement of reasons, should be made in writing within 14 days from the date of issue of the order of completion of the evidence.

7. The judgment referred to in paragraph. 1, shall be delivered immediately to the blamed.

8. If the disciplinary supervisor referred to in art is concerned 231 para. 1, considers that a disciplinary penalty should be measured against which it is not appropriate, the application in this case, together with the acts of disciplinary action, shall be sent to the disciplinary officer responsible for the execution of that penalty.

9. In the case of the intention to exchange the sentence of expulsion from the service of the disciplinary supervisor, prior to the issuance of a disciplinary decision, he shall be heard in the presence of a disciplinary hearing officer. The defender may participate in the hearing. The competent management of the trade union of officers shall be notified of the time limit for the hearing. The representative of the Management Board may attend the hearing, unless the person concerned does not agree.

10. The provision of the paragraph. 9 shall not apply in the case of:

1) temporary arrest of the blamed;

2) refusal to be blamed for the purpose of hearing or unjustifiable absence within the prescribed period of the hearing;

(3) the existence of any other obstacle preventing the blamed from being heard within 14 days from the date of service of the decision on the completion of the evidence.

Article 253. [ Reference] 1. The disciplinary procedure shall be two-instance, subject to art. 242. A decision of the first instance shall be appealed against within 14 days of the date of service of the decision; the appeal may be withdrawn.

2. The appeal shall consist of a senior disciplinary supervisor through the supervisor who issued the ruling at the first instance.

3. A higher disciplinary supervisor shall refuse to accept the appeal, by way of order, if it has been filed after the deadline or by a person not entitled or is inadmissible. Article Recipe 263 shall apply mutatis mutandis.

4. If the time limit referred to in paragraph 1 is not received. 1, occurred for reasons from the overturned independent, blamed within 7 days from the date of cessation of the obstruction may submit a request for the restoration of the deadline, completing simultaneously the action that was to be done on the date.

5. In the matter of reinstating the term of the decision, the decision of the higher supervisor before which the action should have been completed.

6. The refusal to restore the term shall be entitled to a complaint.

7. The request for reinstatement shall not withhold the execution of the decision, however, the disciplinary supervisor to which the application is lodged, or a higher disciplinary supervisor may, by means of the order, withhold the enforcement of the decision; refusal of the hold shall not be requires justification.

8. If the decision or order in the first instance has issued the Minister of Justice, the appeal or the complaint shall not be entitled. However, the blamed may, within the time limit referred to in paragraph 1, be subject to the 1, request the Minister of Justice to reconsider the case; the application of that application shall be subject to the provisions on appeals against decisions.

Article 254. [ Recognition of the case in appeal proceedings] (1) In the appeal proceedings, the case shall be based on the facts established in the disciplinary procedure. If this is necessary for the correct adoption of the decision, a higher disciplinary supervisor may supplement the evidence by instructing the disciplinary officer conducting the disciplinary proceedings to carry out the evidence, specifying the evidence to be carried out by the disciplinary officer responsible for the conduct of the evidence. scope.

2. With materials obtained as a result of the evidentiary acts referred to in paragraph. 1, a disciplinary spokesperson shall acquabe the blamed. Within 3 days from the date of the acquittal of these materials, the blamed shall have the right to report to the senior disciplinary supervisor referred to in paragraph 1. 1, observations on the evidence that has been carried out. The provisions of Article 4 251 (1) 1-3 shall apply mutatis mutandis.

Article 255. [ Commission to investigate the judgment under appeal] (1) A higher disciplinary supervisor shall, within seven days of the lodging of the appeal, appoint a committee to examine the judgment under appeal, hereinafter referred to as the "committee".

2. The Commission shall consist of three officers in the service of a permanent service, two of which shall appoint a higher disciplinary supervisor and one shall be appointed by the competent authority of the district of the professional union of the officers.

3. The appointment of a representative of the trade union officers to the composition of the commission chairman of the board of the district professional union of the officers shall notify the senior disciplinary supervisor within 7 days from the date of receipt of the notification of the to set up such a committee. In the event of failure to appoint a representative of a trade union for officers, the third member of the commission shall appoint a higher disciplinary supervisor.

4. A higher disciplinary supervisor shall appoint a chairperson from among the members of the committee.

5. Rules of Art. 245 par. 1-3 shall apply mutatis mutandis to the members of the committee.

6. The Commission may hear a disciplinary hearing, blamed or defended.

7. Non-residences duly notified: a disciplinary spokesman, the blamed or his defense counsel shall not stop the recognition of the case.

8. The Commission may request a higher disciplinary supervisor to supplement the evidence in art mode. 254 para. 1.

Article 256. [ Commission report, together with a proposal on how to deal with the appeal] (1) The Commission shall draw up a report together with a proposal on the way in which the appeal is to be made.

2. The Commission shall submit the report referred to in paragraph 1 to the higher disciplinary authority. 1, within 21 days from the day of its appointment.

3. The disregard of the appeal by a higher disciplinary supervisor should take place within 14 days from the date of receipt of the report referred to in paragraph. 1.

4. A higher disciplinary supervisor may be subject to the judgment under appeal:

(1) maintain in force, or

(2) repeal, in whole or in part, the acquittal of the blamed, to depart from the penalty, or to measure another penalty, or to waive the judgment, to remit the disciplinary proceedings at first instance, or

3) repeal in its entirety and refer the case for reconsideration by the disciplinary superior, when the resolution of the case requires the carrying out of the action of proof in whole or in a substantial part.

(5) The appeal proceedings shall be redeemed in the event of the withdrawal of the appeal.

(6) In appeal proceedings, a higher disciplinary supervisor shall not measure a more stringent disciplinary penalty in the event of an appeal being lodged by the rightholder.

Article 257. [ The legitimacy of a judgment or order] The decision or order shall become final:

1) with the expiry of the time limit for the lodging of an appeal or complaint, if it has not been lodged;

2) on the day of the decision or the order by the review body.

Article 258. [ Enforcement of the case-law] 1. The supervisor shall, after the decision of the decision, execute the case-law without delay. Article Recipe 237 (1) 2 shall apply mutatis mutandis.

2. The final decision to withdraw from punishment or to punish shall be included in the personal file of the officer.

Article 259. [ Appropriate application of the Code of Criminal Procedure] 1. In cases not governed by this Act, the provisions of the Act of 6 June 1997 shall apply to disciplinary proceedings. -Code of criminal proceedings in relation to summations, time limits, service and witnesses, except for the possibility of imposing penalties.

2. The exemption from the submission of a statement or answer to the questions of the person with a particularly close personal relationship shall be resolved by a disciplinary spokesperson. The refusal of an exemption from the submission of a statement or answer to the questions shall serve a complaint within 7 days from the date of service of the order.

Article 260. [ Enforcement of disciplinary penalties] 1. The payment of a disciplinary penalty shall mean the recognition of the sentence for the inalimentary.

2. The disciplinary barracks shall be subject to a friction after the following:

1) 6 months from the date on which the judgment of the reprimand shall be entitled;

2) 12 months from the date on which the decision of the sentence of a warning of unfull suitability for the occupant's office or service in the Prison Service shall be entitled;

3) 18 months from the date on which the decision of the sentence of appointment is entitled to a lower business position, lower grade, appointment to a lower business position with a decrease in the degree.

3. In the case of an impeccable service, as noted in the official opinion, the disciplinary supervisor may cover the disciplinary penalty before the expiry of the period specified in the paragraph. 2, however, not earlier than before:

1) 3 months from the date of the judgment of the reprimand;

2) 6 months from the date of the judgment of the sentence of the warning of imfull fitness in the occupied position or the penalty of a warning of the imfull fitness for service in the Prison Service;

3) 12 months from the date of the decision of the penalty of designation to a lower business position.

4. For the demonstration of bravery or courage, and for the serious accomplishments in the performance of official duties, the disciplinary supervisor may at any time cover the disciplinary penalty.

5. If the officer is punished again before the disciplinary penalty is taken, the period required to tarnish the new disciplinary penalty shall run from the day of the last penalty.

6. In the event of simultaneous execution of more than one penalty, the penalty shall be imposed on the expiry of the period prescribed for the stricter penalty.

7. The dismissal of a disciplinary penalty shall result in the removal of a punish judgment from the personal file of the officer. The decision to depart from the punishment shall be removed from the personal file after six months from the date of its legionation.

8. The disciplinary supervisor shall keep a register of disciplinary punishments.

Article 261. [ Renewal of disciplinary proceedings completed by a final judgment] (1) A disciplinary procedure shall be resumed by a final decision if:

1) the evidence, on the basis of which it was established relevant to the case of the circumstances, proved false;

2) have been disclosed relevant to the case of circumstances which were not known in the course of disciplinary proceedings;

3) the ruling was issued in violation of the applicable rules, if it could have affected the content of the ruling;

4) the ruling was issued on the basis of a different settlement, which was subsequently repealed or amended;

5) as a result of the decision of the Constitutional Tribunal has lost power or has changed the legal provision underlying the issue of the disciplinary decision;

6) this need arises from the resolution of an international body acting under an international agreement ratified by the Republic of Poland.

2. The disciplinary procedure shall resume from the office or at the request of the punished. In the event of his death, the proceedings shall resume at the request of a member of the family entitled to the survivor's pension.

3. In the case referred to in paragraph. 1 points 5 and 6, the application for reopening shall be submitted within one month from the date of entry into force of the decision of the Constitutional Tribunal or the resolution of an international body acting under an international agreement ratified by the Republic of Poland Poland.

4. disciplinary proceedings shall not resume to the disadvantage punished after the act of criminality of disciplinary rewinding.

5. Disciplinary proceedings shall not resume after 5 years from the date of the decision of the decision.

6. The resumption of disciplinary proceedings shall be notified ex officio or, in the case of his death, of a family member entitled to the survivor's pension.

7. An application for the resumption of disciplinary proceedings shall be submitted to the disciplinary supervisor, who issued the ruling in the first instance, within 30 days from the day on which the punish learned of the circumstances constituting the basis for resumption proceedings.

8. If the cause of the resumption of proceedings is the activity of the disciplinary supervisor referred to in paragraph. 7, with the resumption resolves a higher disciplinary supervisor.

9. In order to refuse to reopen a disciplinary procedure and to a member of the family entitled to the survivor's pension referred to in paragraph 9, the person referred to in paragraph 1 shall be refused the remission of the disciplinary procedure. 2, serves the complaint to a senior disciplinary supervisor within 7 days from the date of service; the order issued by the Minister of Justice shall be entitled to review the case within the same time limit.

Article 262. [ Proceedings after the resumption of disciplinary proceedings] 1. After the resumption of disciplinary proceedings, the evidence shall be carried out limited to the reasons for the resumption, and after their completion, according to the findings made, the decision shall be issued:

1) repealing the existing judgment and stating the acquittal of the punished or remission of disciplinary proceedings, or

2) amending the previous ruling and imposing another disciplinary penalty, or

3) refusing to repeal the previous ruling.

2. The amendment of the existing judgment and the exchanging of another disciplinary penalty shall not occur after the cessation of the criminality of the disciplinary rewinding.

3. The judgment of a more severe sentence from the past is possible only if the reopening takes place from office and the adjudicated punishment is grossly disproportionate to the perpetuated disciplinary rewinding.

(4) If, following the resumption of the proceedings, a minor penalty is imposed, the effects of the previous sentence shall be waived and, in the event of a stricter penalty, the execution of the sentence shall start from the date on which the penalty is imposed.

5. The decision and order issued in the mode of the resumption of disciplinary proceedings shall serve the punished and in the event of his death-a member of a family entitled to a survivor's pension, appeal or complaint to a senior disciplinary supervisor in the within 7 days from the date of service; the order issued by the Minister of Justice shall be entitled, within the same period of time, to reconsider the matter.

6. The term of the abolition of the sentence amended following the resumption of proceedings shall be counted from the date of the legitimation of the decision to impose a new punishment. The period of the new penalty shall be the period of the period of withholding which has elapsed since the judgment of the sentence of the previous sentence has been legitishable.

Article 263. [ Right of appeal to the competent authority on account of the place of residence of the blamed labour court] The decision and the decision terminating the disciplinary procedure shall be entitled to appeal to the competent authority on the basis of the place of residence of the court of service concerned within 14 days of the date on which the decision was served, or the provisions and the explanatory memorandum.

Article 264. [ Delegation] The Minister of Justice shall determine by way of regulation a detailed procedure for the exercise of disciplinary action in relation to officers, including the circulation of documents relating to disciplinary proceedings, as corrected by clerical errors and other obvious errors, and shall specify the designs of the provisions and other documents drawn up in disciplinary proceedings, with a view to the smooth operation of the proceedings.

Chapter 22

Transitional and final provisions

Article 265. [ Posts so far] 1. The person appointed to the position of the Director General and appointed to the position of the Deputy Director General, and the Officer appointed to the position of the District Director, Deputy District Director, Director of the Criminal Office or the Director the detention of an investigator, deputy director of the criminal or deputy director of the detention centre, the Commander-in-Chief of the Prison Service Training Centre, the commandant of the Prison Service Training Centre and the Commander-in-Chief of the Service Personals Training Centre Prison and Deputy Commandant of the Central Service Training Centre Prison, Deputy Commandant of the Prison Service Training Centre and Deputy Commandant of the HR Training Centre on the basis of the provisions of the Act referred to in art. 273, perform its duties or full service on the hitherto held post office for a period not exceeding 6 months from the date of entry into force of this Act.

2. If within a period of 6 months from the date of entry into force of this Law the officer referred to in paragraph. 1, shall not be appointed as Director General, Deputy Director General, District Director, Deputy of the District Director, Director of the Penal Facility, or Director of the Criminal Detention Facility, Deputy Director of the Penal Plant Or Deputy Director of Inquiry Detention, Commandant of the Central Prison Service Training Centre, Head of the Prison Service Training Centre and Head of the Prison Service Personen Training Centre and Deputy Head of the Centres of Correction Service Training of the Prison Service, Deputy Commandant of the Training Centre The Prison Service and Assistant Commandant of the Prison Service Personnel shall be exempt from the official position of the Prison Service in accordance with the procedure laid down in Chapter 8. The provisions of Article 4 68 shall apply mutatis mutandis.

3. The operator referred to in paragraph. 2, shall be released from the service if it does not agree to transfer to the post referred to in art. 68 par. 3. The officer shall be entitled to the benefits and entitlements of the officer exempted from the service on the basis of art. 96 (1) 2 point 4.

Article 266. [ Officer Remaining without Business Assignment] The officer remaining on the day of the entry into force of the Act without the assignment of official duties in the personal property of the superior shall become the officer at the disposal. The provisions of Article 4 68 par. 4-6 and art. 265 para. 3 shall apply mutatis mutandis.

Article 267. [ No requirements for education and professional qualifications-attitude behaviour] An officer who does not meet the professional qualifications and professional qualifications required for his business position prior to the entry into force of the Act shall retain that position.

Article 268. [ Transitional provision] 1. Cases from a business relationship as defined in Art. 217 ust. 2, carried out on the basis of the Act referred to in art. 273, instituted and not completed before the date of entry into force of this Law shall be carried out on the basis of this Law.

2. Conduct on decisions in matters of dwelling, granting of financial assistance for the acquisition of a dwelling, granting of a cash equivalent in the absence of an apartment or a cash equivalent for the overhaul of the occupant accommodation, issued on the basis of the law referred to in art. 273, instituted and not completed by a final decision until the date of entry into force of this Act shall be carried out on the basis of the provisions of this Act.

Article 269. [ Behaviour of tandars] The organisational units which have been granted the banner before the date of entry into force of this Act shall retain these flagship.

Article 270. (bypassed)

Article 271. [ Disciplinary proceedings-transitional provision] 1. The disciplinary proceedings of the unfinished delivery of the decision until the date of entry into force of this Act shall be subject to further recognition under the rules laid down in Chapter 21; the course of the term referred to in art. 241 (1) 3, starts from the day of entry into force of the Act.

2. Non-final judgment, for which the complaint has been lodged with the disciplinary court referred to in art. 131 of the Act referred to in art. 273, unrecognized by this court until the date of entry into force of this Act, shall be subject to recognition under the rules laid down in Chapter 21 by a senior disciplinary supervisor.

3. The President of the Disciplinary Court after the entry into force of this Act shall immediately communicate:

1) to the senior superior to the disciplinary documentation of the disciplinary proceedings referred to in paragraph 1. 2, the purpose of diagnosis in accordance with the property;

2) to the supervisor of disciplinary documentation of completed disciplinary proceedings, in the scope of non-archiving.

Article 272. (bypassed)

Art. 272a. [ Maximum limit on the expenditure of the State budget for the lump sum for access to the service seat] 1. In the years 2012-2021 the maximum limit of the state budget expenditure for the benefit referred to in art. 195a, it is 75,930 thousand. PLN, with the fact that in each of the years the limit is:

1) 2012 -6785 thousand. PLN;

2) 2013 -6954 thousand. PLN;

3) 2014 -7128 thousand. PLN;

4) 2015 -7306 000. PLN;

5) 2016 -7489 000. PLN;

6) 2017 -7676,000 PLN;

7) 2018 -7861 000 PLN;

8) 2019 -8049 thousand. PLN;

9) 2020 -8242 thousand. PLN;

10) 2021 -8440 000 PLN.

2. The Minister of Justice shall monitor the use of the annual expenditure limits, making at least four times a year, at the end of each quarter, of assessing the use of the expenditure limit for the year in question.

3. In the event of a threat of the overrun of the annual and maximum expenditure limit, and where, during the period from the beginning of the calendar year to the date of the last assessment referred to in paragraph 1, 2, the proportion of the annual limit per year in proportion to that period has been exceeded by at least 10%, a corrective mechanism shall be applied, consisting of a proportional change in the amount of the lump sum.

Article 273. [ Repealed provisions] The Law of 26 April 1996 is repealed. o Prison Service (Dz. U. of 2002. items 1761, of late. zm.).

Article 274. [ Entry into force] The Act shall enter into force after 3 months from the day of the announcement.

[ 1] Article 60c (c) 2 point 5 (a) (c) as set out by the Article. 29 of the Act of 10 June 2016. amending the Act on medical activity and certain other laws (Journal of Laws of the 960). The amendment came into force on 15 July 2016.

[ 2] Repealed by Art. 1 point 1 of the Act of 9 November 2012. on the amendment of the Act-Labour Code and some other laws (Dz. U. of 2013 r. items 2), which entered into force on 17 January 2013.

The Act Of 9 April 2010. The Prison Service

Original Language Title: USTAWA z dnia 9 kwietnia 2010 r. o Służbie Więziennej

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ACT of 9 April 2010 o Prison Service

Search Translated Laws of Poland

ACT

of 9 April 2010

o Prison Service