Problem niezawisłości w świetle obsady kadr Sądu Najwyższego i Najwyższego Sądu Wojskowego w początkach Polski Ludowej
The issue of independence in the light of the staffing of the Supreme Court and the Supreme Military Court at the beginning of the People’s Poland

Summary/Abstract: The process of the choice of the right staff by new authorities also covered the judiciary. In the case of the Supreme Court the authorities faced the necessity to employ the prewar judges at the beginning of its existence. During preparations to complete the judicial staff, the method and conditions of nominations to the position of a judge of the Supreme Court changed (one of the conditions of being employed as a judge of the Supreme Court was the acceptance of political changes in the country). A decree from 14 March 1945 on the change of law concerning the system of the court of general jurisdiction abolished the already existing ban on judges’ affiliation with political parties. Aiming at dividing the judicial environment of the Supreme Court, a campaign aiming at embarrassing some of the judges was conducted, which ended with retirement or self-criticism. Staff problems the communist authorities struggled with gathering the composition of the Supreme Court did not appear at the level of the Supreme Military Court. Any vacancies in personal staffing of the bodies of the military judiciary were completed by means of motivating people having proper qualifications. At the beginning of the existence of the Supreme Military Court a fundamental part of a personal staffing of the court was constituted by Soviet officers. They were the judges fully aware of the role the body played under new political circumstances. The proper staffing of the Supreme Military Court allowed for meeting the party’s expectations towards the military judiciary.

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