Benefits register

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BENEFITS REGISTER – includes disclosed benefits obtained by public officials, is a legal institution introduced into the Polish legal system under the act on limiting the conduct of business by persons performing public functions. B.r. contains entries on the benefits based on the declarations made by these officers, including: members of parliament (deputies) and senators, members of the government, secretaries and undersecretaries of state in the ministries and the Chancellery of the President of the Council of Ministers, heads of central offices, voivodes, vice-voivodes, members of voivodship boards, voivodship secretaries, voivodship treasurers, members of county boards, county secretaries, county treasurers, village mayors/mayors/presidents of cities, deputy village mayors, municipality secretaries, municipality treasurers, members of the metropolitan union, metropolitan union secretaries and treasurers of the metropolitan union. Information that should be submitted to the b.r. includes: all positions and activities performed in both public administration and private institutions for which remuneration is paid, and self-employed work; facts of material support for public activities carried out by the applicant; a donation received from domestic or foreign entities if its value exceeds 50% of the lowest wage paid to employees for their work; domestic or foreign trips unrelated to a public function if their expense has not been covered by the applicant or his/her spouse or their employing institutions or political parties, associations or foundations of which they are members; other obtained benefits, not related to the occupation of posts or the performance of activities or work. B.r. also includes information on participation in foundation bodies, commercial law companies or cooperatives, even if there are no cash benefits. Person submitting/filling information for b.r. is obliged to exercise due diligence and to be guided by his/her best knowledge. All changes of data covered by the b.r. must be submitted no later than within 30 days of their occurrence. B.r. is open, it is run by the National Electoral Commission. The Anti-Corruption Act does not provide for any sanctions if the required information is not reported to the registry. There is no exemplary application form, registered by law, for the b.r. submission, however, an exemplary model was developed and placed on the National Electoral Commission’s website at www.pkw.gov.pl [ K. Mroczka ].

Literature: A. Wierzbica, Analiza obowiązujących przepisów antykorupcyjnych z wykazaniem ich mankamentów prawnych [Analysis of current anti-corruption laws with the indication of their legal shortcomings], 2009, [online] www.antykorupcja.gov.pl [access: September 2017].

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