POLISH LAW OF 12 FEBRUARY 2022 «ON ASSISTANCE TO UKRAINIAN CITIZENS IN CONNECTION WITH THE MILITARY CONFLICT ON THE TERRITORY OF THE STATE». PRELIMINARY ANALYSIS

Abstract

On the morning of 24 February 2022, I came across the Polish Ministry of Foreign Affairs’s statement on Russia’s armed aggression against Ukraine. It read as follows: «The Polish Ministry of Foreign Affairs strongly condemns the unprecedented armed attack on Ukraine. The Russian Federation has deliberately decided to destroy the foundations of the existing security architecture and to attempt to change borders by force, which cannot be accepted in the 21st century. Poland, in cooperation with its allies, will take all action provided for by international law to support Ukraine and stop Russian aggression». More than 2.23 million refugees crossed the Polish-Ukrainian border in a single month (from 24 February to 24 March 2022) in the wake of Russia’s brutal and unlawful military assault on Ukraine. I don’t know how many Ukrainian citizens have decided to stay in Poland and how many of them intend to stay for a longer while, how many of them have gone further – to other countries, and how many of them have decided to return to their homeland after a few days – despite the raging war. The rapid organisation of governmental, self-governmental, non-governmental aid and bottom-up initiatives started by ordinary citizens to help and support so many Ukrainian citizens in Poland is a very complex process, in terms of legal, organisational, and technical aspects alike. The purpose of this text is to focus on and discuss just one – normative – aspect of the actions taken right away by the Polish authorities. It is very hard to tell whether and which of the statutory solutions adopted at such a breakneck pace will work and which will need to be refined and improved. Therefore, I do not offer any findings of socio-legal or psycho-legal research simply because there is no such research yet. I do not delve into the axiology of the solutions adopted. I am only outlining a general picture of the legal ideas of the Polish government and parliament on Poland’s ‘first aid’ for Ukrainians, as included in the special law in question. The bill was submitted to the Sejm on 7 March 2022, on the thirteenth day of the war. It was read three times during the sessions of the Sejm, discussed three times by the Parliamentary Administration and Internal Affairs Committee, and after the third reading, it was voted through. There are 460 MPs in the Sejm. 454 of them were present. The results of the vote were as follows: 439 votes in favour, 12 votes against, 3 abstentions. The voting was followed by the Senate’s opinion. On 12 March 2022, the Sejm officially adopted the bill. The President of the Republic of Poland signed the act, which was then immediately promulgated. According to Article 116, the law entered into force on the date of promulgation (12 March 2022), with effect from 24 February 2022 – the date of the outbreak of the war [1]. Starting from 24 February 2022, citizens of Ukraine who came to Poland in connection with the armed conflict in Ukraine are recognized as persons benefiting from temporary protection in Poland within the meaning of the Act of 13 June 2003 on granting protection to aliens within the territory of the Republic of Poland. The Law on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of Ukraine of 12 March 2022 regulates the rules of legalising the stay of Ukrainian citizens (and their spouses who do not have Ukrainian citizenship) who have come to Poland a) directly from the territory of Ukraine or b) through other countries – in connection with military operations conducted on the territory of Ukraine, and c) citizens of Ukraine holding a Card of the Pole, who came to the territory of Poland together with their immediate family because of said military operations. The principle of temporary protection is as follows: if a citizen of Ukraine a) entered the territory of Poland legally between 24 February 2022 and the date specified in the Regulation of the Council of Ministers and b) declares an intention to stay in Poland, their stay is considered legal for a period of eighteen months counting from 24 February 2022. A Ukrainian citizen intending to stay on the territory of Poland is required to register (validate) their stay. The act of entry is recorded by the Border Guard during border control. If someone did not register at the border – which occurred in many cases (e.g. due to lack of documents), it is necessary for such a person to apply for temporary residence by submitting the relevant application documents to a local administration body no later than 60 days from the date of entry into Poland. In this case, local administration bodies not only register a person’s arrival in Poland, but also assigns them a PESEL (Polish national identification) number following a simplified procedure. However, it must be clearly emphasised that PESEL is not necessary for legal residence in Poland. Therefore, Ukrainians who have fled the war have the right to legally stay in Poland for 18 months from 24 February 2022 also without a PESEL number. Yet, obtaining a PESEL number is a prerequisite for taking advantage of a range of rights and public services on the same or similar terms as granted to Polish citizens. PESEL is, for instance, a «ticket» to free medical care and an essential condition for taking up work or starting a business. A PESEL number is necessary to have access to the Polish labour market and to engage in and pursue economic activity in Poland under the same conditions as Polish citizens. A Ukrainian citizen has also the right to benefit from: 1) family benefits; 2) child support benefit if the person in question resides in Poland with their children. Family benefits include: family allowance and supplements to the family allowance; care benefits, nursing benefits, and other aids/allowances (including childbirth allowance) and benefits (including parental benefits) paid out by municipalities. A parental benefit is the so-called «Family 500 plus», which is 500 zloty paid per child per month. In order to receive the benefit under the «Family 500 plus» program, both Ukrainians legally residing in Poland and Poles should submit the relevant application documents. The benefit is granted for each child in a family until the child turns 18 – if the child lives with the parent and is dependent on the parent. Articles 29 and 30 of the law in question entitle Ukrainians to take advantage of social assistance benefits – in both financial and non-financial forms. It is not necessary to have a PESEL to receive medical care. It is enough to use another identity document and a document confirming the date of one’s entry to Poland. A citizen of Ukraine is entitled to receive medical care provided in the Republic of Poland and encompassing health care services granted on the same terms and in the same scope as in the case of every person covered by obligatory or voluntary health insurance in Poland. The Polish National Health Fund will pay for any medical service provided to a Ukrainian citizen within the framework of the public healthcare system. Many different forms of assistance offered to Ukrainians studying in Poland have been established. There are two models of education to choose from: the model of integrating Ukrainian students into the Polish system of education and the model of continuing remote education in Ukraine (to the extent possible). The decision regarding the form of education is made by the parents or the guardians of the child in education. The law in question has also extended the validity of visas of the citizens of Ukraine. If the national visa of a citizen of Ukraine indicates that the last day of the period of their stay in Poland falls after 24 February 2022, then the period of stay on the basis of this visa and the period of the visa’s validity are extended until 31 December 2022 by virtue of law (ex lege). The war carries on. Poland’s borders continue to be crossed by desperate, devastated Ukrainian citizens. I find it impossible to tell what will happen to the Ukrainian citizens who are now in Poland. How many of them will return to their homeland when the war is over? How many of them will decide to stay in Poland? But I am sure that the solutions adopted within the framework of the law discussed above will be improved and modified to the benefit of Ukrainian citizens.