Work on the Commission to Investigate the Russian Efforts. What’s in it
The Law of the State Commission for the Study of Russian Influences on the Internal Security of the Republic of Poland in 2007-2022, also known as “Lex Tusk”, is awaiting the President’s decision. If it enters into force, the commission established under its provisions will have very wide powers. It can decide to ban certain jobs for up to 10 years and withdraw and ban a security clearance for 10 years. She will also be able to impose a fine of up to PLN 50,000 for failure to appear, as well as the right to apply for forced escort. What else does the law say?
Friday afternoon, the ruling majority Voted in the House of Representatives “Lex Tusk”.which he suggested PIS Act on the establishment of the State Commission for the Study of Russian Influence on the Internal Security of the Republic of Poland in the years 2007-2022. The bill now goes to the president.
Also read: Tusk: Have you seen the cowards who vote for the committee to eliminate their most dangerous opponent?
The opposition claims that this is an unconstitutional regulation targeting them. Among other things, Janusz Kowalski of sovereign Poland admitted that he hoped that “the effect of the committee’s work is to put Donald Tusk Before the state court.” Later, the deputy claimed, among other things, that his “life goal” was to “put Tusk and Waldemar Pavlack in jail.”
What was stipulated in the law of the Committee for the Study of Russian Influence
The draft was introduced to the House of Representatives on December 1, 2022. It was introduced to the Senate on April 17 of that year, and the House of Representatives rejected it entirely.
As we read in Art. 1, the law defines: the “duties and powers” of the commission; “A special procedure for examining Russian influence on the internal security of the Republic of Poland in the years 2007-2022”; “The remedies were applied to persons who in the years 2007-2022 were public officials or members of the company’s top management, and who acted under Russian influence to the detriment of the interests of the Republic of Poland”; How does the authority manage information and prevention activities?
What is this committee and what will it do?
From the verb we know that ‘commission is General Administration Authority Uphold public interest in the study of Russian influence on the internal security of the Republic of Poland in the years 2007-2022.
Substantive, legal, organizational and technical services, as well as office and library services are provided by the Prime Minister’s Chancellery, and expenses related to its activities are covered from the state budget. The money for this comes from the part administered by the prime minister.
This body is scheduled to conduct “measures aimed at clarifying the activities of persons who in the years 2007-2022 were public servants or members of the top management, and who act under Russian influence to the detriment of the interests of the Republic of Poland,” among Alia:
– create information carriers and reproduce them or make their content available to third parties; prepared or promulgated administrative or other law enforcement decisions, or influenced the content of such decisions or acts; making will declarations on behalf of a public authority or company, in particular agreements with third parties, or, as the position relates, participating in decisions on filing a declaration of will, including negotiations; making decisions about hiring personnel or selecting a contractor within a public authority or company; they had public or company funds at their disposal; take part in the law-making process as representatives of public authorities or corporations; Participate in the negotiation and conclusion of an international agreement; Participate in the preparation or presentation of the position of the Republic of Poland in the international forum; Influenced or sought to influence the above activities.
The commission can also focus on other persons, as long as they “significantly affected internal security or harmed the interests of the Republic of Poland in terms of: influencing the media; dissemination of false information; activities of associations or institutions; activities” of trade unions, trade unions or employers’ organizations ; critical infrastructure performance; the work of political parties; organization of the health care system, in particular the fight against infectious diseases; Protection of the state borders of the Republic of Poland.
Penalties provided by law
If the commission finds Russian influence on the activities of public officials or senior executives, it may take countermeasures.
“Remedial measures are applied when necessary to prevent a recurrence of action under Russian influence to the detriment of the interests of the Republic of Poland,” we read in the provisions of the law.
Countermeasures are contained, among others, in Article 37. They are: “withdrawing a security permit or imposing a ban on a security permit for a period of up to 10 years”; “Prohibition of performing tasks related to the disposal of public funds for a period of up to 10 years”; Revocation of a firearms license (…) or a ban on possession of a firearms license for up to 10 years.
And it was held that a remedy under this article may be ordered only when there is a possibility that a person may again act under Russian influence, to the detriment of the interests of Poland.
There are other penalties mentioned in Article 38. They apply only when a specific person, on behalf of a public authority, prepares or issues administrative decisions or other law enforcement actions, or influences the content of these decisions or acts.
The authority can then do one of the following: annul the administrative decision in its entirety and refer the case to the authority that issued the decision for reconsideration; partially cancels the administrative decision and suspends the proceedings in the remaining scope; the administrative decision is declared invalid in whole or in part; It states that the administrative decision was issued in violation of the law and caused irreversible legal effects, and indicates the circumstances that cannot be revoked or declared invalid.
>> See also the Senate’s rejection of the bill and its justification <
How does the commission work?
“The Chairman of the Council of Ministers, by decree, establishes the rules of procedure for the commission’s work,” the law says.
It also states that the committee “notifies the competent authorities of a suspected crime in order to initiate criminal or disciplinary proceedings; and monitors actions taken by the competent authorities on the basis of the committee’s notifications.”
The law stipulates that “the authority issues decisions, decisions and administrative decisions.” It may be done “by a majority of votes, in an open vote, and in the presence of at least 5 members of the committee, including the chairperson.” He added, “In the event of an equal vote, the vote of the head of the committee will prevail.”
By law, the committee prepares an annual report on its activities. It is public and available in a public information bulletin on the Prime Minister’s Office website. It is also introduced by the Speaker of the House of Representatives.
The committee is scheduled to publish its first report by September 17, 2023.
What are the functions of this body and what are its powers?
The provisions presume that many local government services, courts, bodies or institutions “at the request of the chairperson shall, within the time limit and to the extent indicated in the request, provide the chairperson and members of the body appointed by him with access to all – including archival materials – containing Confidential information and secret institutions – files of pre-trial and court proceedings, information of operational activities, as well as other documents necessary for the performance of the functions of the Commission, and the provision of any other assistance in the performance of these functions.
The companies also provide the committee with “access to all materials and documents, including materials and documents containing classified information and trade secrets, necessary to perform the functions of the committee.”
In the case of preliminary and court pleadings files, based on the request of the President of the Commission, the competent public prosecutor or the President of the competent court shall transfer the necessary documents from the case files or copies thereof, as well as send the files or copies thereof in whole or in part, unless it is an interest conducted in case of a pending case Or the proceedings have not ended with a final judgment, the public prosecutor or the president of the court may submit copies of the documents or files in lieu of the documents or files.
In addition, “the head of the commission may ask the public prosecutor to search rooms or other places or confiscate things to secure evidence in the case.”
Penalties for not attending the session. Up to 50,000 PLN and forced delivery
Article 22 states, inter alia, that “the Committee may hold a hearing in the course of the proceedings.”
“The party to the case who, although duly summoned, did not attend the hearing of the commission without good reason or without the permission of the presiding judge, and left it before its completion, may be fined up to PLN 20,000, and in case of repeated non-compliance with the summons – a fine of up to PLN 20,000. to 50,000 PLN ”- the rules presuppose.
A similar provision, albeit slightly modified, applies to a witness and an expert. “A witness or expert who, though duly summoned, fails to attend a commission session without good reason, or leaves it before the session has ended without the permission of the presiding judge, or refuses without reasonable cause to testify or give an opinion, may be fined up to PLN 20,000, and in Case of repeated failure to apply for a summons – a fine of up to PLN 50,000.
Also, “a person called by the commission as a witness or expert is obligated, regardless of his place of residence, to appear when summoned and to give evidence.”
The amounts due from the fine constitute the income of the state budget.
In addition, “in the event of repeated failure to comply with the summons, the committee may request the competent public prosecutor to order the detention of the summoned person and bring him forcibly.”
The law also regulates the composition of the committee and the method of appointing its members. We read: “Parliamentary clubs or clubs shall submit candidates for commission members to the Marshal of the House of Representatives within 14 days from the date this Act enters into force.”
It was determined that “the committee consists of 9 members with the rank of minister of state who are appointed and dismissed by the House of Representatives.”
Committee membership can be terminated due to: death; resignation; Conviction by final court judgment of intentional crime or intentional financial crime; cancellations.
If this happens, by-elections are held by the House of Representatives.
The Chairman of the Commission shall elect the Chairman of the Commission within 14 days from the date of appointment of a member to the last vacant position in the Committee. The Chairman of the Commission is one of the members of the Commission. She can appoint two vice presidents.
“The chairman of the commission is entitled to a fixed monthly allowance in the amount of three times the minimum wage established on the basis of the Law of October 10, 2002 on the minimum wage for work,” – it was written.
Among the provisions it also stipulates that “members of the Committee residing in a place different from the place of the Committee’s meetings shall be entitled to obtain allowances and reimbursement of travel and accommodation costs related to participation in these meetings.”
One article states, “Members of the Committee shall not be held liable for their activities within the scope of their functions on the Committee.”
The law enters into force on the day following its promulgation date
Main image source: Leszek Szymanski / Bab