Report on the provision of legal advice during the period 01.08.2016 - 31.08.2016

PIS Intervention and Advice Bureau in Przemyśl at the Parliamentary Office of the Speaker of the Sejm Marek Kuchciński in Przemyśl in the period of 01/08/2016 to 31/08/2016. provided legal advice on matters related to the following topics:

  1. criminal and misdemeanor law;
  2. general scope of civil law;
  3. family law;
  4. administrative law;
  5. labor and social security law.

The Office was visited mostly by people from the city of Przemysl and Przemysl County, however, there were also people who needed help from other counties of Subcarpathian Province.

With the above points in mind, the advice was:

Re 1. Of criminal and misdemeanor law:

  • complaint about the refusal to open an investigation;
  • Preparing a defense in a misdemeanor case of failure to supervise a buried animal;
  • the substantive elements of the crime of abuse and the protections available;
  • cassation filed by the Minister of Justice - Attorney General;
  • drafting a request for a statement of reasons for the judgment;
  • ordinary proceedings before the Court of First Instance;
  • the appointment of a public defender;

 Re 2. Of general civil law:

  • the possibility of overhanging branches being cut by a neighbor;
  • forgiveness of arrears for private debt;
  • exemption from court costs due to difficult financial situation;
  • the legitimacy of the enforcement proceedings;
  • retainer;
  • rent issues in the case of a private property owner;
  • action for deprivation of enforceability of the enforcement title;
  • incumbency;
  • establishing a necessary road;
  • violation of property rights;
  • to complete formal deficiencies of the lawsuit;
  • 3-year notice of termination of lease agreement

Re 3. From family law:

  • reduction of alimony,
  • termination of the alimony obligation;
  • increase in alimony;
  • property division;
  • enter a default judgment when the defendant fails to appear in a paternity denial case;


Re 4. From Administrative Law:

  • null and void resolutions of the village meeting;
  • write-off of tax arrears pursuant to Article 67a of the Tax Ordinance;
  • exemption from municipal fees due to personal and financial circumstances;
  • cancellation of subscription arrears;
  • to check out by means of an administrative decision;
  • compensation for the Bug River property;
  • road sign removal;
  • real estate transfer;

Re. 5 On labor and social security law:

  • special pension;
  • making a defective declaration of intent to terminate the employment contract by mutual agreement;
  • objection to the decision of the medical board;
  • Appeal of an annuity decision;
  • An appeal against an agricultural pension decision;
  • appeals against the decision on losing the status of unemployed person

People who come to the PiS Intervention and Advice Bureau often raise the issue of overhanging branches overhanging neighbouring land, asking for help with the matter. It is important to be aware of one's rights in this respect. According to Article 150 of the Civil Code, a landowner may cut off and keep for himself the roots coming from the neighboring land. The same applies to branches and fruits overhanging the neighboring land; however, in such a case, the owner should first give the neighbor a reasonable period of time to remove them.

As can be seen from the above, if there are branches hanging from the neighbouring land towards us, regardless of whether they bother us or not, we have the possibility to cut them down. The only requirement is to give our neighbor a prior deadline for their removal. If he/she fails to do so, we can cut them down subject to the provisions of the Act on Nature Protection, i.e. cutting branches is possible in the following dimensions not exceeding 30% of the crown which has developed throughout the development of the tree. Exceeding the above standard could result in damage to the tree, thus exposing you to liability for damages. The above does not apply to the removal of dead or broken branches.

However, in case of claiming neighbors, as a precaution, you can take legal action for not obstructing the cutting of the branches.

On the other hand, the issue of a special pension granted by the Prime Minister in justified cases under conditions and in an amount different from those specified in the regulations was a matter that had not yet been raised in the Office of Intervention and Advice of the Law and Justice party. Information presented by the Prime Minister on 29 January 2016 shows that they are most often granted to meritorious democratic opposition activists currently in a difficult living situation, persons of merit for Polish culture in the field of ballet, artistic photography, protection of historical monuments and promotion of Polish culture in the former eastern borderlands currently in a difficult living situation and other persons due to a difficult social and living situation resulting from special fortuitous events.

Another common problem of persons who contact the Law and Justice Intervention and Advice Bureau are final court judgments in misdemeanor cases. After a conviction is upheld by a Court of Second Instance, the parties want to appeal. However, they cannot do it on their own. A cassation appeal in misdemeanor cases may be filed only by the Prosecutor General or the Ombudsman, in cases involving the jurisdiction of military courts also by the Chief Military Prosecutor, and in cases involving violation of children's rights also by the Ombudsman for Children. In this case, you should address a request to one of the above mentioned bodies to file a cassation complaint in your case. If the authority determines that the cassation is justified, it will grant such a request.

To summarize this report, the Law and Justice Intervention and Advice Bureau is very popular. Many parties decide to return to the Office for further advice or come forward with new cases. This proves that this form of assistance to citizens is extremely important.





Parliamentary committees

Law and Justice



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