REPORT

2010
POLISH YOUR SOLDIERS robs

Military Agency Housing

RATE FOR USE OF PREMISES CALCULATED VIOLATION of

ART. 1a12 ACCOMODATION

Dz.U.05 33 290
 I
LEGAL BASIS 1995-2009

Politician of state concerns four categories

– the external safety
– the internal peace
– the stabilty
– the level of wealth the right
From internal peace and stability is connected the law in objective formulation as a system of
norms , that is general , abstract and in approximation the unambiguous directives of legal
proceedings, which they came into being in relationship from existence and the functioning the state
,set up or recognized by proper organs of public power and by these organs applied .
Civil right regulates between subjects of right reports in horizontal relation, that is no of staying in
legal relation subjects is has authority to throw on one's will second side;
Administrative right regulates between subjects reports in relation perpendicular when one of
subjects it can shape the situations of second subject . Hermeneutics deals with explaining right.
Hermeneutics – it accepts the practician of lying out legal texts two forms interpretation and free.
It in first judge has to read law . Any interpretation is the only source of right arbitrariness be
prohibited .In free formulation law is only one of many sources of right, meanwhile only right has
in nation checking identities and not in legislator.
It in relationship from this it ,text was one should be interpret appealing to only right ,meanwhile,
judge is against arbitrariness of legislator the warrant of right .Of meanings transformed in reality
in frames of interpretation potential..

DELICT CONSTITUTIONAL OR INTENTIONAL CRIME

Delict in almost constitutional the infringement across unexhausted the birth-marks of crime act
Constitution or law marks. On soil of Polish right the constitutional delict commits this, who his act
" the being not crime ” he violated Constitutions or different law purposely or unintentionally "in
relationship from occupied position and in range of the office hours ”.The responsibility for
constitutional delict concerns the narrow group of the most important state officials exchanged in
art 198 Constitutions the Responsibility. They are this:
The President ,Members of Cabinet , President of National Bank of Poland , President of Supreme
Control Chamber ,members KRRiT , the Chief Commander Armed as well as in limited range, the
Members of Parliament and Senators.
About commission constitutional delict can decide the only Court of Justice of State .

The intentional crime – accomplished from intention the kind of crime ,caused the law of result .
Before his commission perpetrator is conscious from act which has intention is execute with crime
however it agrees on his commission.
Intentional the act is the theses , which of effect the perpetrator is not sure ,but it acts in direction of
definite aim.

They are the premises of delictual responsibility:

– the rise of damage
– the commission of act prohibited
– the causal relationship between damage and the illicit act
– the fault of perpetrator
The fundamental regulating from title of acts the responsibility recipe prohibited is the art .415 k. c.;
"Who from fault did other his damage, obliged is to her reparation ”
Prohibited the notion of act the reason oneself in specific way for right – it walks about illicit
under threat of punishment by or right administrative penal right act here not only treat about
every act the violating legal order
The typical sanction of delictual responsibility is the duty of reparation of
the fulfilment damage .

HISTORY

1995.

Day 22 06 1995 in law about quarters armed

Dz. U. 95.86 433. art. 36 sounds:
1. Person which occupy on basis of decision about allotment or the contract of lease , or premises
habitable lodgings in staying in supplies of Agency buildings ,the individuals of territorial council
or Treasure of State the rent and payment for the service got from hirer in heights , the deadlines
and on valid for habitable making up the property of Treasure of State premises principles , from
restriction the art. 44.1.
2. entitled interesting in making up the property of natural person building the lodgings Person or
legal , or in building in which the part of habitable premises was repurchase , it pays according to
definite in principles the rent and payment of Agency.1. Agency brings in on thing of owner or
administrator the appropriate due amounts this building .

It the notion the rent marks the name service from title of lease .
As "rent ” it defines also services commonly paid by occupants on thing cooperative, which
however members of a co-operative , but from legal point of sight
are exploational payments and participation in costs maintenances cooperative.

2002.

In 2002 the year the actual being with participating in study of acts subject legislator and
possessing influence on their content introduced in mistake the formal legislator that is the organ
( the Lower house of parliament) and the subject ( the President) possessing the competences to it
sets up the normatywnych acts.

In law Dz. U. 02.42.368. was applied two excluding articles :

1a.12 and 36.2
art.1a.12 ) it the payments for using the premises were one should to understand as service money
for using from habitable premises, which hugs the costs of managing the costs of preservation ,
grows green the immobility , costs of technical maintenance of immobility, in this the connected
from maintenance the cleanness , costs of thermal energy , costs electric and water on needs of
common part, the turn of costs from title of tax from immobility, the payment for aerial summary or
television cable , installed from title of authentication of measuring instruments the payments on
needs of habitable premises as well as payment from title the use of personal crane and
preservation of doorphone devices,
 art. 36.2) they In buildings of housing communities or cooperative of payment for using premises
carry out 3% restore value in year - old scale however it not less than state resolves the
communities or suitable organ of cooperative.

From one side economic bill and from second stiff 3% easy coefficient to manipulating
continually growing abstract from reality .
Art.Habitable 37.1 Rent and payment from title occupying the dwellings or premises , paid
not in settled deadline of payment they are subject to from percentages for delay compulsory the
constriction on basis of executive title in mode of recipes about conduct firing in administration
together with.

2003.
The Court of Constitution the judgement from day 14 07 2003 y. K35 / 01 stated:
Art. 37 .1 law from day 22 June 1995 y about quarters the Armed Strengths of
Polish Republic (Dz. U. 2002 y. of No. 42, pos. 368, No. 74,pos 676, No. 113, pos .984 and No.
240, pos. 2055 as well as from 2003 y. of No. 80, pos. 718) it is discordant from art. 64. 2 in
relationship art.31. 3 Constitution of Polish Republic by this , that it violates in relation to lessees
of habitable premises the principle of even protection say property, subjecting from title the
no payed rent and payment the occupying the habitable premises compulsory the constriction
on basis of executive title in mode of recipes about conduct firing in administration.

2006
Judgement T K from day 29 06 2006 71/6 / And / 2006 y Sygn. act At 3/06
states:
§ 4 . 1 decree of Minister of National Defence from day 12 January 2005 y. in matter of payments
for using the and payments indirect habitable premises (Dz. U. Nr 14, pos. 118 ) it is discordant
from art. 36. 2 in relationship from art. 36. 5 law from day 22 06 1995 y. about quarters Exert
oneself Armed the Polish Republic (Dz. U. From 2005 y. of No. 41 , pos. 398 and No. 132, pos.
1110) in the sound broadcast Exert oneself from day the law 21 January 2005 y. about change of
law about quarters Armed Exert oneself the PolishRepublic as well as about change of law about
quarters Armed Polish Republic as well as some of different laws (Dz. U. Nr 33, poz. 290)

Str 7 point 6 sentence 22 "there are no obstacles for qualification of height of payments for
use premises on lower level than objective 3% restore value

2006
( opinion on 2006 10 30)
In law from day 21 January 2005 y Dz. U. 05.33.29 0 Dz. U. From day 24 02 2005 y was
introduced change.
art.1. and.It 12 ) the payments for using the premises were one should to understand service
money for using from habitable premises, which contains the costs of managing ,the costs of
preservation ,costs of technical maintenance the immobility ,copy on redecorating fund, grows
green, the costs from maintenance the cleanness , costs of thermal energy, electric and water on
needs of common part, the payment for aerial summary television cable , installed from title of
authentication of measuring instruments ,the payments on needs of premises as well as payment
from title the use of personal crane and preservation of doorphone devices,
in art19 after .2 adds .2a in sound
2a. The centres of redecorating fund come from payments of copy on redecorating fund , about
which speech in art.1a pkt 12, made on distinguished bill of fund. The height of copy in
 scale of year carries out 0,5 % the of habitable premises counted reconstruction value
peaceably from
art.47ust. 1 pkt. 3 It enlarges about influences Centres of fund from their interest
in art36 .2 receives sound
2. In buildings of housing communities or cooperative of payment for using premises
carry out to 3% restore value , about which speech in.1 however it not
less than state resolves the communities or suitable organ of cooperative.
In art. 37 .1 receives sound:
Payments for using the and payment indirect premises from title occupying the and payment
indirect premises from title occupying the habitable premises on basis of administrative decisions
making up the basis legal to occupying the habitable premises, has payed in settled deadline of
payment, they are subject to , together with from percentages in legal height for delay , the
compulsory constriction on basis of executive title, in mode of recipes of law from day17 06 1966
y about conduct firing in administration(Dz. U. From 2002 y. of pos. 968 .) the lack of reaction on
judgement the Constitutional Court of Justice.

II

ECONOMIC CRIME OR EXTORTION

He would like even if someone to proceed morally, will be him very hard to defend oneself
before general wickedness. The right does not mean anything if be supported with activity leaning
on principle of categorical imperative peaceably from which one should to proceed according to
rules what always to which would want to they be applied by every and always . Maybe in this help
one from moral features Virginity Virtu according to Kanta as gathering specific political
efficiencies: the energy , initiative, ability to undertaking the decision and the quick working .
Then she makes possible us though to take control partly over our fate , which however and so
case in considerable measure rules. .

-Still Military Housing Agency in Gdyni it applies monopolistic practices in it counting

payments for it using premises.
The executing the judgements of Constitutional Court of Justice - the right be Broken in
relationship with it the
Judgement the TK K35 / 01 of day 14 07 2003 y
Judgement TK U3 / 06 from 06 . 2006 y
- be applied Still this violates relinquishment responsible offices for
warnings right Bribe the internal safety citizens
 PRINCIPLES

Housing rent from valid law peaceably ,drawn up exactly to to make impossible dishonest and
unlawful the working in relation to soldier in sphere of quarters . Military Agency Housing
GDYNIA counts rate about about 240 zł more than it results from law about quarters in reason
Armed Strengths .I demand turn overpaid rates , which in administrative mode exacts from
percentages Military Housing Agency . This is from valid right working the offices of state
administration in range incompatibly:
1. counting in administrative mode rates of
2. execution relinquishment of different revocatory organs
3.desists

CALCULATION

The Military Housing Agency as the individual of government administration be obliged or her
oneself this pleases , or not to warnings in law about quarters the Armed Strengths the contained
right . The duty of executing is not subject to the doubts all the articles of law Dz.U. 02.42.368
from day 22.06 1995 from later changes in this article 1a.12. which has following sound:
"It 12) the payments for using the premises – it was one should was by this understand
servis money for using from habitable premises, which hugs the costs of managing , the costs of
preservation (tzw. the redecorating fund) , it grows green the costs of technical maintenance of
immobility, costs maintenance the ,costs of common maintenance use in this the connected from
maintenance the cleanness, costs of thermal energy , costs electric and water on needs of
common part, the turn of costs from title of tax from immobility , the payment for summary aerial or
television cable, installed from title of authentication of measuring instruments the payments on
needs of habitable premises as well , payment from title the use of personal crane and
preservation of doorphone devices.” The payment from this article be counted for occupants of sky-
scraper

Peaceably in which I live Gdynia Uranowa ul. 19 and which they belong to
Housing Commonwealth ( the part of flats be repurchase).
Sums these are following :
Maintenance common part 0,45 zł / area. use 63.50 = 28.58 zł
Administration 1zł / area. use. 63.50 = 63.50 zł the
Insurance of building 0,06 zł / area. use. 63.50 = 3.81 zł
Lift 3.30 zł / persons 1 = 3.30 zł
Door phone 2 zł / premises 1 = 2 zl redecorating
Fund 1zł / area.use. 63.50 = 63.50 zł
SUM = 164.69 zł
(on basis of information about payments of community the same the flat)
Such sum reflects really the potrzeby of building the taking into account
All costs , as well as the redecorating fund.

Gdynia should count MHA also such sum because this of needs of building results.

MHA Gdynia counts after one's from right incompatibly.

Agency counts payment for using premises as 3 % reconstruction value
plus redecorating fund that is it crosses even upper border
1. fund redecorating FR 1.16 zł 61.30 = 71.11 zł
2. payment for using premises 5.43 zł 61.30 = 332.86 zł
 SUM = 403.97 zł

The Military Housing Agency in Gdynia overstates in monthly rent

for my premises Uranowa ul. 19b/7 rate for it using premises about sum

403.97 – 164.69 = 239.28 zł

pay double costs and double fund redecorating.
On power of law from day 21 01 2005 y. Dz. U. 05.33.290 p10) in article 36 .2
receives sound:
"2 In buildings of housing communities or cooperative of payment for using the
premises carry out to 3% reconstruction value , however the
not less the than state resolution of community or suitable organ of cooperative ”;

The Court of Constitution in reason of judgement from 2006 y. U3 / 06 pkt.6 sentence 6

" there are no obstacles to qualification of height of payments on lower level than 3% reconstuctin
value " he cut off from indicatory calculation clearly .

Referring on decree of M N D from day simultaneously 13. 06. 2005 in matter

husbanding the habitable premises by Military Housing Agency
(Dz.U. Nr 116 pos.975) § 9.p4
"Agency does not execute in habitable premises:
1. ) the depicting and wallpapering the plasters of walls and ceilings;
2. ) the bilateral depicting the and doors internal windows as well as depicting
from internal side of entrance doors to habitable premises;
3. ) the depicting of built-in as well as installation sanitary pieces of furniture and warm ”;
that is nothing executes. (writing MHA from 06 .10. 2006)

I demand the turn of difference inflated rate for using from 24 .02. 2000 y premises

EXECUTION IN ADMINISTRATIVE PROCEDURE

Military Housing Agency and Military Pension Office referring on out - dates recipes the part of
rate together it exacts in administrative mode for using premises illegally.
The judgement of Constitutional Court of Justice from day 14. 07. 2003 y K35 / 01 .

"Art.37 .1 law from day 22 06 1995y. about quarters the Armed Strengths of Polish Republic (Dz.
U. 2002y No. 42 pos. 368, No. 74, pos. 676 ,No. 113,
pos 984 and No. 240, pos. 2055 as well as from 2003 y. of No. 80, poz. 718) it is discordant from
art. 64 . 2 in relationship from art. 31. 3 Constitution of Polish Republic by this , that it violates in
relation to lessees of habitable premises the principle of even protection say property , subjecting
from title the rent and payment the occupying the habitable premises compulsory the constriction
on basis of executive title in mode of recipes about conduct firing in administration.”
The Military Housing Agency runs away to execution in administrative mode
to the concealments the illegal working before recognition of matter by general courts.
I burden with fault Pension Office Gdansk as well as Military Agency Housing
Gdynia .
 MAH the executions in administrative mode have be executed for year 2005. are illegal.

1. Information Gdynia of No. . 259/112 / the WBE / 05 of day 09.05.2005 y.

2. Information MHA Gdynia of No. . the WBE / 64/38/06 from day 19.01.2006 y.
3. Information MHA Gdynia of No. . the WBE / 653/301 / 06 of day 13.10 2006 y.
4. Information MHA Gdynia of No. . the WBE / 349/178 / 07 of day 27 06 2007
5. Information MHA Gdynia of No. WBE / 266/08 of day 06.05 .2008 y
6. Information MHA Gdynia of No. WBE / 311/09 of day 18 . 03 .2009 y.

DESISTS

a.
The public prosecutor's office District GDYNIA 22.03 2000 y
procurator of District the Publicprosecutor's office of ma. Bożena Kiecol to to
throw aside complaint
b.
Of the a province Court Administrative GDANSK
20.09.2004 y
22.11.2004 y.
Associate judge WSA Christopher Gruszecki - to to throw aside the complaint the
c.
Chief Administrative Court 05 11 2004 y
d.
Publicprosecutor's office District GDYNIA 17.01 2006. y
07 03 2006. y
Procurator Małgorzata Pogońska - to refuse it beginning inquiry
e.
Chief Publicprosecutor's office Military Warsaw 18 01 2006 y
f.
The police-station of Police Gdynia Oksywie 14 12 2005 y
g.
Regional publicprosecutor's office in GDANSK 25.01 2006 y
h.
Military Publicprosecutor's office in Poznan 03 .03 2006 y
Inspector – Procurator of Military Regional the Publicprosecutor's office in Poznan of
colonel lieutenant .to to throw aside ma Boric John complaint.
and.
District court Gdynia section penal 10 04 2006 y
Ace. SR Ilona Rudek refusal it beginning inquiry.
j.
The office of Constitutional Court of Justice Warsaw 19 05 2006 y
prof. of UW of doctor hab. Mark Zubik
22 05 2009 y - can not under take the intervention the

k.
 The office of Lower house of parliament Warsaw 20 05 2006 y
08 06 2006 y does not concern the
l.

Say the office of Spokesman Civil Warsaw 31 07 2006 y.

02 05 2007 y.
Expert allowing information only
ł.
The Highest Court Warsaw 12 10 2006 y.
m.
The ministry of Justice Warsaw 01 12 2006 y
after Deputy of Manager of Office the Judicial Conduct the
Procurator Appellate in Warsaw the request considered

n.
The chairman of National Advice of Judiciary 28 02 2007. y.

about.
They have office Constitutional Court of Justice 22 05 2009
Wicedyrektor B Szepietowska it can not to undertake intervention

Instruction " 6. Every having have found out about commission crime pursued
from office has social duty to notify about this procurator or Police
art 304 § 1 kpk.”
All above mentioned state organs did not make in matter anything .

In monthly rent Military Housing Agency overstates rate about 234zł .

State then sum 240 x 12 months. x 10 years = 28680 zł + the loss of health
Ask about interventions the percentages in above mentioned matter

Twice be counted
1. costs of preservation
2.administrative costs MHA and Commonwealth as well as different rates be overstated.

from respect the

Payment for using premises counted as coefficient

has not legal basis in Law about Quarters

JEREMI HORODEŃSKI