Zdolność sądowa jednostek służb zmilitaryzowanych w sprawach stosunków służbowych zakwalifikowanych jako sprawy cywilne w ujęciu procesowym

Abstract

The author deals with the question of the capacity of units of militarized services, like e.g. the Police, the Border Guards of the Central Anticorruption Office, to appear before the civil law court as a litigant party in administrative cases which are civil cases in meaning of the Civil Procedure Code. The prevailing view in the judgements of the Supreme Court is that the capacity to be a party in these cases is connected with the State Treasury represented by the unit of service. In the legal writing the views on this issue are varied. It is claimed that this capacity is connected with an internal unit of militarized service (unit of certain formation) or with the whole formation or with the State. The author tries to prove that the discussed capacity depends on particular legal provisions. Therefore it may be connected with an internal unit of a militarized service, e.g. in the Police or in the Border Guards, or with formation as a whole, e.g. in the Central Anticorruption Office or in the Government Protection Bureau.