Uniformed services

For many years, I have been providing legal services dedicated to professional soldiers and officers of other uniformed services (Police, Border Guard, etc.).

Cases of Soldiers and Uniformed Service Officers

A particular focus of my practice is on cases involving professional soldiers as well as other uniformed service officers — including, inter alia, the Police, Prison Service, Border Guard, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, and Military Intelligence Service.

Scope of Services

Criminal and Misdemeanour Matters

At every stage — from proceedings before the Military Gendarmerie, through common and military courts, up to representation before the Supreme Court.

Disciplinary Proceedings

Activities before disciplinary officers, participation in disciplinary hearings, appeals.

Matters Concerning Decisions and Personnel Orders

Including, inter alia, cases concerning discharge from service or transfer to another position.

Service Appraisals

Review of appraisals, preparation of appeals, and handling their consequences.

Administrative Matters

Allowances (including housing, relocation, and transfer-related benefits), severance payments, uniform allowances. Additionally, matters concerning financial entitlements of soldiers — including financial liability and training costs.

Pensions and Disability Benefits

Including appeals and court proceedings, also with regard to increases based on disability or special service conditions.

Fitness for Service Assessments

Preparation of appeals and handling such proceedings, drafting applications for change of service fitness category (both for professional and active military service), etc.

Specific Nature of Uniformed Service Cases

These cases are governed by their own distinct rules — from specific disciplinary procedures, through differences in criminal proceedings, to a unique pension system. Prompt and accurate legal assessment from the earliest stages can significantly affect the course of proceedings.

My Experience

In my career, I have handled many atypical and precedent-setting cases, such as those concerning refusal to grant housing severance or the proper calculation of pensions for Border Guard officers engaged in physical counterterrorism operations.

I have appeared numerous times before Military Courts (in Warsaw, Gdańsk, Poznań, Lublin, and Wrocław), participated in proceedings conducted by the Military Gendarmerie, and attended disciplinary hearings within military units.

I have represented soldiers and officers regardless of their service history, length of service, or rank — from privates, through non-commissioned officers, to commissioned officers.

Frequently asked questions

Can I apply for a change to the decision of the Military Medical Commission?

The simplest answer is yes, you can. If your health condition has changed, either for better or worse, you may apply for a referral to the Commission which will reassess your condition. This may result in a change of your fitness category for military service, both active and professional.

How can I appeal a service opinion?

According to established case law, a service opinion is not an administrative decision and therefore is not subject to review by Administrative Courts. This means that the procedure provided by law (usually limited to the immediate superior and their superior) is final – if an unfavorable assessment is upheld after an appeal, no further action can be taken. Importantly, however, personnel decisions issued on the basis of a service opinion which is, in our view, flawed, may be reviewed by Administrative Courts.

Is a soldier entitled to overtime pay?

Unfortunately, no. Apart from a few exceptions (including situations involving pregnant female soldiers), the provisions of the Labour Code do not apply to soldiers. Regulations of the Homeland Defence Act clearly state that in the event of service exceeding the normal scope of duties, a soldier may only request time off, not additional pay.

What can lead to demotion?

It is reasonable to state that demotion is, for a professional soldier, the most severe disciplinary measure, in many cases even more burdensome than imprisonment. It means not only the loss of military rank (returning to the rank of private), but also dismissal from service and the loss of many privileges (e.g. severance pay, including housing benefits or a military pension). For this reason, demotion should only be imposed for the most serious offences committed in connection with service and resulting in clear disgrace to the uniform. Fortunately, courts (in particular non-military courts) apply it relatively rarely.