Abolition and Amnesty in the Act on the Non-punishment of Citizens of the Republic of Poland Participating on the Side of Ukraine in the Armed Conflict Caused by the Russian Federation’s Aggression against Ukraine: A Dogmatic Analysis

Abstract

This article presents a dogmatic analysis of the Act on the non-punishment of citizens of the Republic of Poland participating on the side Ukraine in the armed conflict caused by the Russian Federation’s aggression against Ukraine. Particular attention is paid to the legal nature of the abolition and amnesty mech anisms employed by the legislature and to the relationship between them. The study demonstrates that the regulation’s primary practical significance lies in the abolition mechanism, consisting in refraining from initiating proceedings and discontinuing those already underway, whereas the amnestyrelated provisions primarily address the consequences of final convictions and imposed penalties. The article also examines the Act’s origins and the legislative process, including the debate regarding the temporal scope of temporal acts covered by the regulation. The personal and material scope of the Act is discussed separately, with specific focus on liability provided for under Articles 141 and 142 of the Penal Code and the issue of whether the Act covers not only individuals enlisting in the Armed Forces of Ukraine but also those recruiting others for such service. Further-more, the article evaluates the rationale behind the regulation in the context of social and political support for Polish citizens’ participation in Ukraine’s defence and the importance of Polish-Ukrainian relations. A critical analysis is conducted regarding the notification mechanism, sanctions for non-compliance, the scope of information disclosure to state authorities, and the protection of information concerning the Act’s beneficiaries. Based on this analysis, the author formulates interpretative conclusions and de lege ferenda proposals.