Management of hunting clubs by persons performing public functions

Abstract

This article concerns legal issues related to the performance of a public function together with engagement in the management of a hunting club at the same time. First, general provisions governing the limitations when a public function is performed and the consequences of non-compliance with the prescribed limitations are presented. Under Article 4 point 6 of the Act
of 21 August 1997 on Restricting the Pursuit of Business Activity by Persons Performing Public Functions, such persons may not engage in business as sole proprietors or together with other persons, or manage such business activity or act as representatives/agents appointed to perform such activity or function. However, due to some doubts arising from the provisions of the Act of 13 October 1995 – Hunting Law, an analysis of these provisions has been made to find that the basic purpose of a hunting club is conducting hunting management. Pursuant to Article 35 clause 1 and
2 of Hunting Law, hunting clubs and the Polish Hunting Association may be involved in business activity but the rules or principles according to which such activity is to be performed are specified but only marginally in the Statutes of the Polish Hunting Association. According to the Statutes,
business undertaken by the Association should only be of secondary importance and undertaken only for the purpose of realising the Association’s statutory duties, while hunting clubs engaged in economic activity acquire the status of an entrepreneur in the meaning of the Act of 2 July 2004 on Freedom of Economic Activity.

It is also pointed that the very fact that a given hunting club is recognised as a VAT payer does not necessarily mean that such a club runs a business activity. It is therefore concluded that not every hunting club conducts business activity.