ORZECZENIA PIERWSZOINSTANCYJNE W SPRAWACH DYSCYPLINARNYCH ŻOŁNIERZY W PERSPEKTYWIE NORM USTAWY O OBRONIE OJCZYZNY
On issues of the first-instance jurisprudence in disciplinary cases of soldiers in the perspective of the provisions of the act on defense of the Homeland

Summary/Abstract: Objectives:The article presents issues related to the first-instance jurisprudence in disciplinary cases of soldiers in the perspective of the provisions of the Act on Defense of the Homeland. The publication attempts to characterize disciplinary judgments in the proceedings in question. Both the formal and substantive aspects of decisions made in disciplinary proceedings against soldiers issued in the first instance cases were analysed.Material and methods:The research was based on the dogmatic method.Results:Summing up the considerations on the first-instance rulings in military disciplinary proceedings, the statement that the principle of an appropriate disciplinary response is of central importance in this matter is justified.Conclusions:An appropriate disciplinary response is responsible for the implementation of universal justice for all repressive procedures within the meaning of iustitia communitativa. It allows for an appropriate reaction of the disciplinary superior to pathological behavior of soldiers in service, which dysfunctionalize or diffuse the activities of the Polish Armed Forces. It also allows for the protection of the legitimate interests of the accused soldier.

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