Enforceability of Disciplinary Penalties Imposed on Soldiers in the Light of the Provisions of the Homeland Defence Act

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Authors: Beata Baran-Wesołowska
Cited by: 0

Abstract

The article examines the enforceability of disciplinary penalties against soldiers under the Homeland Defence Act, focusing on the legal and practical conditions for executing disciplinary decisions. The central thesis posits that the finality of decisions (Article 412) is the cornerstone of enforceability, generating binding legal effects that prohibit modification and mandate execution. Using a doctrinal-legal method, the author categorizes disciplinary penalties (reprimands, financial sanctions, organizational measures) and highlights their hybrid enforcement mechanisms (e.g., disciplinary talks combined with administrative actions). Key findings reveal regulatory gaps, including the absence of clear enforcement deadlines and ambiguous liability for superiors’ delays. The study concludes that the enforceability principle is vital for maintaining the rule of law and procedural justice in military disciplinary systems, offering practical insights for improving the efficiency of Poland’s Armed Forces disciplinary framework.

Fields of Study & Subjects

Polish Law and Legal System Administrative Law and Governance War Law and Justice

Publication details

Journal / source
Roczniki Administracji i Prawa
Volume
Zeszyt Specjalny
Issue
XXVI
Pages
1–2
Publication date
28 February 2026
Language
EN