THE  ACT

of 27th June 1997

ON  POLITICAL  PARTIES

Dziennik Ustaw of the Republic of Poland No. 98, item 604
(unified text: Dziennik Ustaw of 2001, No. 79, item 857)
amended: Dziennik Ustaw of 2001, No. 154, item 1802; of 2002, No. 127, item 1089; of 2003, No 57, item 507 and of 2004, No. 25, item 219).

(Unified text prepared 
by the National Electoral Office)

Unofficial translation 

KRAJOWE BIURO WYBORCZE
NATIONAL ELECTORAL OFFICE
WARSZAWA
2004

THE  ACT ON  POLITICAL  PARTIES

ARRANGEMENT OF CHAPTERS

	Articles	Page

1. General provisions	1 – 7	3

2. Structure of political parties
    and principles of their activity	8 – 10	3

3. Register of political parties	11 – 23	4

4. Finances and financing 
    of political parties	23a – 41	6

5. Proceedings in the cases 
    of discrepancy in the aims or
    activities of a political party
    with the Constitution of
     the Republic of Poland	42 – 44	20

6. Liquidation of a political party	45 – 49	20

6a. Punitive provisions	49a – 49h	21

7. Amendments to the provisions in force	50 – 59	23

8. Transitional and final provisions	60 – 64	25

	

Chapter 1
General provisions

Article 1. 1. A political party shall be a voluntary organization acting under a definite name, whose aim is to participate in public life through exerting, by democratic means, an influence on creating of the State policy or to exercise public power.

2. The political party may enjoy the rights coming out of acts of law if it has got an entry to the evidence of political parties.

Article 2. 1. Citizens of the Republic of Poland who have reached the age of 18 years may join a political party as its members.

2. The ban on belonging to political parties may be determined by separate acts of law.

Article 3. A political party shall found its activities upon the social work of their members; a political party may engage employers to settle its business. 

Article 4. Organs of public authorities shall be obliged to deal with political parties on a basis of equality.

Article 5. Political parties shall have an access to public radio and television channels on the basis of separate acts of law.

Article 6. Political parties shall not realize any duties, reserved by law to the organs of public authorities nor supersede those organs in realization of their duties.

Article 7. A political party may not organize or posses any units on the terrain of workshops.

Chapter 2.
Structure of political parties and principles of their activity

Article 8. Political parties shall create their structures and basic activities in accordance to democracy objectives, especially they have to ensure openness of structures, party organs have to be formed in elections and their resolutions have to be adopted by majority of the votes cast by its members.

Article 9. 1. The charter of a political party have to determine its aims, structure and principles of activity, especially:

1)	name or short name and address of party’s headquarters;
2)	way to acquire and to loose the membership;
3)	rights and duties of the members;
4)	political party’s organs, especially organs which represent political party outside and entitled to undertake financial obligations, their competencies as well as the time of duration of their office;
5)	system of elections of political party’s organs and system of filing vacancies in those organs;
6)	method of contracting financial obligations and collecting financial means as well as the manners of creation and acceptance of a report concerning financial activities of a political party;
7)	methods of creation and liquidation of territorial units of a political party;
8)	methods of introducing changes to the political party’s charter;
9)	methods of dissolution of a political party as well as the way of joining another political party or parties.

2. The charter of a political party shall be resolved by general assembly of political party members or a meeting of representatives, elected according to democratic rules.

Article 10. The member of a political party shall have the right to withdrawal.

Chapter 3.
Register of political parties

Article 11. 1. Political party may apply for inclusion in the register of political parties, later called “register”, maintained by the District Court in Warsaw, later called “Court”.

2. An application must give the name, short name and description of the address of party’s headquarters, as well as the names, surnames and addresses of persons, being members of organs entitled in the political party’s charter to represent the party outside and to undertake financial obligations. The application may also give a graphic symbol of an emblem used by the political party.

3. The application must include:

1)	a charter of political party;
2)	a list containing names, surnames, home addresses, identity card (PESEL) numbers and at least 1,000 signatures of citizens of the Republic of Poland, who have reached the age of 18 years, and are legally qualified; each page of the list must be unnoted by the name of the political party that apply for inclusion into register.

4. The provisions of the Act of 5th July 1990 – on meetings (Dziennik Ustaw No. 51, item 297) shall apply to the collection of signatures, referred to in paragraph 3 above.
5. The name, short name and emblem of a political party should not to be confused with names, shortened names and emblems of already existing parties.

6. The application shall be made by 3 persons out of persons, referred to in paragraph 2, who shall take responsibility and certify the data included in it.

Article 12. 1. The court shall include, with no delay, a political party in an entry in the register if an application has been made pursuant to the binding law.

2. The ”entry” means also an alteration and removing registration.

3. The court hearings concerning an entry in the register shall be examined in non-litigious proceedings; the court may determine the date of the hearing.

4. The court shall give opinion thereon in the form of a decision.

5. A protest may be lodged in the case of an entry in the register, unless the provisions of this Act determine differently. 

Article 13. 1. Where the application made for inclusion in the register of political parties has violated the provisions of Article 11, paragraphs 2 – 6. the court shall call the submitters of an application to delete the defects found, in a granted time-limit, in 3 months at the latest. 

2. In the event such defects has not been removed within the time limit and pursuant to the directions of the court, the court, in a decision, shall refuse the entry of a political party in the register.

3. An appeal against the decision of the court may be submitted within 14 days following its delivery or announcement on an open hearing.

Article 14. 1 Are there any doubts as to the compatibility with the Constitution of the tasks or methods of activities of a political party, described in its charter, pursuant to the Article 9, paragraph 1, or in the party’s program, the court shall suspend the prosecution, referred to in Article 12, and shall submit to the Constitutional Tribunal a motion to examine the compatibility of the aims of the political party with the Constitution.

2. There shall be no legal recourse against the decision of the Constitutional Tribunal, referred to in paragraph 1. 

3. If the Constitutional Tribunal shall decide the discrepancy of party’s aims with the Constitution, the court shall refuse the entry of political party in the register.

4. There shall be no legal recourse against the decision of the court, referred to in paragraph 3.

Article 15. The final decision of the court concerning the entry in the register shall be published, cost free, in “Monitor Sądowy i Gospodarczy” and shall be delivered to the National Electoral Commission.

Article 16. The political party shall acquire legal capacity on confirmation of the registration.

Article 17. The name, short name and emblem of a political party inserted in an application made pursuant to Article 11, shall acquire legal protection provided for personal property.

Article 18. 1. The register, along with charters of political parties shall be open to inspection.

2. Anyone shall be allowed to obtain, from the court, of the certified copies of the register and of excerpts from the registers and charters of political parties.

3. Copies and excerpts shall be paid for.

4. Revenues coming derived from payments, referred to in paragraph 3, shall be provided for current expenses of the court and for capital expenditures.

Article 19. 1. Political party shall be obliged to notify the court on:

1)	amendments in the party’s charter;
2)	changes of the party’s headquarter address;
3)	changes in the composition of organs empowered to represent political party outside and to contract financial obligations.

2. Political party shall notify immediately the court on changes, referred to in paragraph 1, no later than 14 days following the day of introducing such changes.

Article 20. 1. If a political party fails to realize duties, referred to in paragraph 19, the court shall call the respective organ of the political party to submit explanations or to fill up any deficient data in a time limit established by the court, no shorter than 3 months. If there are any doubts, the court shall examine the correctness of the method of election of the party organs as well as the course of completion of the composition of the organs, referred to in Article 9, paragraph 1, subparagraph 5.

2. The court shall remove a party’s entry from the register if it lapses to realize the court’s decision in the assigned time.

Article 21. 1. If a political party makes amendments to the charter that do not comply with provisions of Article 8, the court may enter a motion with the Constitutional Tribunal to examine the correspondence with the Constitution of the aims or methods of activities of such political party.

2. The provisions of Article 14, paragraph 2 – 4 shall apply.

Article 22.  The provisions of the Code of Civil procedure on non-litigious proceedings and provisions of this Act shall apply to the cases on entry of a political party to the register, and the cassation may be applied only in decisions on entry or removal from the register made by the court of second instance.

Article 23. The Minister of Justice shall determine, in an order:

1)	the specimen and methods of maintenance of the evidence of political parties and shall specify the rules of providing copies or any parts of it, as referred to in Article 18;

2)	the fee prescribed in an agreement with the Minister of Finance as well as condition of immunities from fees due for copies and excerpts made by the court that maintains the evidence.

Chapter 4
Finances and financing of political parties

Article 23a. The sources of a political party finance are public.

Article 24. 1. The funds of a political party arise from membership fees, donations, and legacies, endowments, interest on funds, as well as allowances and subventions described by acts of law.

2. The funds of a political party may be used for statutory or charitable purposes only.

3. A political party is prohibited from engaging in any economic activities.

4. A political party is allowed to draw income from its funds that arise exclusively from:

1)	an interest on investments and funds deposited in bank accounts;
2)	trading of State Treasury obligations and of Treasury bills;
3)	sale of any assets belonging to the political party;
4)	activities, referred to in Article 27.

5. A political party may hand over its property and premises for exclusive use as offices for deputies, senators, and councillors of a commune, a county or a voivodeship (province).

6. A political party may not organise public collections.

7. A political party may contract loans for statutory purposes.

8. A political party may accrue its financial resources only in bank accounts, with reservation to Article 26a.

Article 25. 1. A political party may collect financial resources exclusively from individuals, with regard to the provisions of paragraph 2 below, and Article 24, paragraph 4 and 7, and Article 28, paragraph 1, and to the provisions of Acts relating to elections to the Seym and to the Senate of the Republic of Poland and also to the European Parliament, regarding subject allocations.

2. A political party may not receive any financial resources from:
	
1)	Individuals with no place of residence on the territory of the Republic of Poland, excluding citizens of Poland living abroad;
2)	foreign nationals resident on the territory of the Republic of Poland.

3. The provisions of paragraphs 1 and 2 shall apply to non-cash values.

4.	Total value of contributions made by an individual to a political party, excluding membership fees which do not exceed in the year a minimum monthly wage of a worker, established according to separate provisions, acting on the day preceding transfer, and contributions transferred to the Election Campaign Fund of a political party, may not, in a year, exceed 15-times the minimum monthly wage of a worker, established according to separate provisions, acting on the day preceding transfer.

5.	A single transfer that exceeds the minimum monthly wage of a worker, established according to separate provisions, may be paid to a political party by cheque, bank transfer or bank card only.

Article 26. (deleted)

Article 26a. The obligation of collecting financial resources on bank accounts shall not apply to values of membership fees, that does not exceed in the year, for one member of a political party, a minimum monthly wage of a worker, established according to separate provisions on the day preceding transfer, which have been left in territorial units of a political party – to cover their current activities.
 
Article 27. Such activities as: sale of statutes and party programmes or small items symbolising political party, or publications informing of its aims and activities, petty paid services for third parties using a party’s office fittings - do not constitute economic activity within the meaning of separate Acts of law.

Article 28. 1. A political party which:

1)	forms its own election committee in elections to the Seym and has gained in that elections at least three (3) per cent of valid votes given for its constituency lists of candidates for deputies; or

2)	is a member of an election committee in elections to the Seym and such committee has gained in that elections at least six  (6) per cent of valid votes given for its constituency lists of candidates-

shall have the right to receive, during the term of office of the Seym, a subvention for its statutory activities paid by the State budget, later called “a subvention”, in the manner and on the basis described by this Act.

2. The subvention vested in an election coalition of political parties shall be divided among the parties that are members of such coalition, in proportions determined in the coalition agreement concluded. The agreed proportions shall not be changed. 

3. An agreement establishing an election coalition have to be submitted to the National Electoral Commission for registration, under penalty of invalidation.

4.	If political parties, which created an election coalition, have not determined the proportions, referred to paragraph 2 above, in the agreement on establishment of the coalition, they are not entitled to the above subvention.

 5. In the event of dissolution of an election coalition after the right to subvention has been vested, the political parties of such a coalition shall 
retain their right to subvention in proportions determined in the agreement on creation of the election coalition.

6. The right to obtain a subvention, referred to in paragraph 1, shall enter into force on the 1st January of the year following the election year. The subvention shall be paid up to the end of the year, in which the next elections is held, with reservation to Article 32.

Article 29. 1. The amount of yearly subvention, referred to in Article 28 vested to given political party or an election coalition shall be determined pursuant to the principle of gradual reduction, in proportion to the quota of valid votes gained by constituency lists of candidates for deputies of that political party or election coalition.

 The subvention shall be determined respectively for each of intervals, determined by percent, and summed up, pursuant to the Formula:

S =  W1 x M1 + W2 x M2 + W3 x Ms + W4 x M4 + W5 x M5

Where:

S = the amount of the yearly subvention

W1-5 = the number of valid votes, established separately for each line of the table shown below, as a result of dividing of the total amount of valid votes gained in the whole country by constituency lists of candidates for deputies of given political party or an election coalition, respectively to the interval, determined by percent;

M1-5 = the amount valued in PLN given for consecutive lines of the table:

Line
	          Valid votes gained 
in the whole country by constituency lists of candidates for deputies of a given political party or an election coalition, divided respectively into  __________each interval___________
 Percent (%)        |  Number 
                         |  of votes (W)	 
Amount 
  (M) 
  
    in PLN	
    1	to 5%		 10	
    2	above 5% to 10%		    8	
    3	above 10% to 20% 		    7	
    4	above 20% to 30%		    4	
    5	above 30% 		 1.50        	
	
2.	The amount of yearly subvention shall be established pursuant to the provisions of the paragraph 1 above and of Article 28, and shall be paid to a given political party each year, during the term of office of the Seym, in four equal quarterly instalments, with reservation to Article 32.

3.	The basis for payment of subvention creates “a motion for payment of the subvention in a given year”, submitted no later than 31 March each year by an organ of a political party that is authorised to represent a party in its external contacts. The motion shall be drawn up on an official form and confirmed by the National Electoral Commission as to the possessed rights and the amount of the subvention.

4.	The financial resources of the subvention shall be deposited in a separate bank sub-account of the political party. The transfer of the subvention to the bank account indicated by the political party shall be realised by the Minister responsible for public finance.

5.	The first instalment of subvention due to a political party in the year of elections to the Seym shall be paid no later than on 30 day following the publication in the Official Gazette of the Republic of Poland “Monitor Polski” of an information of the National Electoral Commission on accepted and rejected election reports submitted by election committees.

6.	The Minister responsible for public finance, in a directive, shall raise the value of the subvention mentioned in paragraph 1 above in an amount equal to the index of price increases if the index of prices of consumer goods and services rises above five (5) per cent.

7.	The index, referred to in paragraph 6, shall be fixed by the Central Statistical Office and published as a communiqué of the President of the Office, in the Official Gazette of the Republic of Poland “Monitor Polski”, no later than the 20th day of the first month of a quarter of the year.

Article 30. 1. A political party shall create an Expert Fund.

2. Financial resources collected in the Expert Fund may be derived solely from payments from their own party.

3. A political party that receives subvention shall transfer from five per cent to fifteen per cent of the subvention to the Expert Fund.

4.	Financial resources collected in the Expert Fund may be used to finance expertise in the field of law, politics, sociology, social-economic matters, as well as for financing education publications connected with the statutory activity of the political party.

5.	The financial resources of the Expert Fund shall accrue in a bank in a separate sub-account of the political party.

Article 31. 1. In event of a merger of a political party with another party or parties the subvention referred to in Article 28 above shall be granted to the new political party in an amount equal to the subventions for the parties that are merging.

2.	The subvention shall be paid on the basis of a request, submitted by the proper body of the new political party, beginning from the month in which the Court registered it. 

3.	In the case referred to in Article 45 the subvention granted to such a political party shall not be paid, beginning from the month following the month of dissolution or decision of the Court on the liquidation of such party.

Article 32. If the term of office of the Seym is shortened, the rights to the subvention granted to political parties shall expire at the end of the quarter of the year in which the term of office of the Seym expires.

Article 33. 1. The expenses connected with subvention shall be covered by the State budget’s section on the Budget, public finances and financial institutions.

2. The Minister responsible for public finance shall, by order:

1)	specify the method of submission of the request referred to in Article 29, paragraph 3, as well as detailed rules for transferring the subvention;

2)	 determine a specimen of the form of the request referred to in Article 29, paragraph 3, after seeking the opinion of the National Electoral Commission.

Article 34. 1.  Political parties shall prepare a yearly financial statement of the subvention received and the expenditures covered by this subvention, later called “information”.

2. Political parties shall submit information covering a calendar year no later than 31 March of the following year.

3. The Minister responsible for public finances, after seeking an opinion of the National Electoral Commission, shall determine by order, a specimen, with necessary explanations, that enumerates detailed scope of the information to be included therein to enable especially the honest verification of all the data concerning the expenses covered by subvention, including expenses covered by Expert Fund.

4. The information shall be submitted together with the opinion and report of an auditor appointed by the National Electoral Commission. The National Electoral Office shall cover the cost of the preparation of the above opinion and report.

4a. The information shall be submitted in a written form as well as in a form of electronic document, made in database application programming language, described in an order, referred to in paragraph 3, by the Minister responsible for public finances. 

4.	The information shall be published by the National Electoral Commission in the Official Gazette of the Republic of Poland “Monitor Polski” within 14 days following its submission to the National Electoral Commission.
Article 34a. 1. The National Electoral Commission shall, within four (4) months following the day of submitting information:
1)	accept the information with no reservation;
2)	accept the information with reservations specified; 
3)	reject the information.

1a. The information is rejected, if it is found that the political party has spent resources of the subvention for purposes not connected with its statutory activity.

2. In the event of doubts concerning the accuracy of the information, the National Electoral Commission may ask the political party concerned to remove defects or submit explanation within a specified time limit.

3. In its examination of election reports, the National Electoral Commission may order to prepare opinions or expertises.

4. In its examination of election reports, the National Electoral Commission may request necessary assistance to be given by the State organs.

5. Within 14 days following the publication of the information referred to in Article 34, paragraph 5:

1)	political parties;
2)	associations and foundations which in their statutes include tasks connecting with the analysis of political party finance –

   - may submit to the National Electoral Commission their written reservations on committees’ election information, specifying reasons.

6. The National Electoral Commission shall, within 60 days following the submission of the reservations referred in paragraph 5 above, respond in writing.

Article 34b. 1. In the event, the National Electoral Commission rejects the information submitted by a political party, within 7 days following the delivery of the decision rejecting a report, a complaint may be issued by a political party to the Supreme Court against the decision of the National Electoral Commission in that case.

2. The Supreme Court, by bench of 7 judges, shall examine the complaint. The complaint shall be examined pursuant to the provisions of the Code of Civil Procedure in a non - litigious procedure.

3. The Supreme Court shall examine the complaint and shall issue a ruling within 60 days following the delivery of a complaint. There shall be no legal recourse against the ruling of the Supreme Court.

4. If the Supreme Court upholds the complaint referred to in paragraph 1, the National Electoral Commission shall immediately issue a resolution accepting the information in question.

Article 34c. 1. A political party shall forfeit the right to subvention in the following year, if: 

1)	it does not submit the information within the time limit referred to in Article 34, paragraph 2; or
2)	the information submitted is rejected by the National Electoral Commission; or   
3)	 the Supreme Court has decided to reject the complaint referred to in Article 34b, paragraph 1.

2. The forfeiture of the right to subvention by a political party shall have an effect in the calendar year following the year, in which occurs the fact, referred to in paragraph 1.

Article 35. 1. A political party shall create a permanent Election Fund to finance the participation of such political party in elections to the Seym, Senate, to the office of the President of the Republic of Poland as well as in local elections.
 
2. The expenditures of a political party connected with the tasks referred to in paragraph 1 shall be covered, from the day that begins election campaign, exclusively by the Election Fund. To this effect, the financial resources shall be transferred to the separate bank account of a respective election committee or referendum committee.

3. A political party shall notify the National Electoral Commission on the establishment or liquidation of the Election Fund.

4. An Election Fund shall bear the name: ”The Election Fund of:..............................................……………(name of the political party)”.

Article 35a. 1. The financial agent realises and is responsible for the administration of the Election Fund.

2.The following person shall not be a financial agent:

1)	a candidate for:  the office of the President of the Republic of Poland, a deputy or a councillor; 
2)	a public functionary, within the meaning of Article 115 paragraph 13 of the Criminal Code.

3.A person may be a financial agent of one Election Fund only.

Article 36. 1. Financial resources collected for the Election Fund may be derived from transfers of political party’s own resources, donations, legacies, and instruments of donations.

2. (Deleted)

3. Financial resources of the Election Fund shall be deposited in a separate bank account.

Article 36a. 1. Total amount of the sum contributed by an individual for one election committee of a coalition or an election committee of electors cannot exceed 15-times the minimum monthly wage of a worker, established according to separate provisions, acting on the day preceding the day of the announcement of elections.

    2. If in a given year more than one election or national referendum is held, the total amount of contributions for the Election Fund referred to in paragraph 1 shall be increased up to 25-times the minimum monthly wage of a worker, established according to separate provisions, acting on the day preceding the day of payment. The provision of the first sentence does not apply to by-elections to the Senate or generally to by-elections, re-elections or premature elections, or to new elections to the organs of the legislatures of territorial self-government units, held during the term of office.

3.   The contribution shall be made by cheque, bank transfer, or credit card only.  

Article 36b (deleted)

Article 37. Financial resources of the Election Fund of a political party:

1.	in the event of a merger with another party or parties, shall be transferred to the Election Fund of the new party;

2.	in the event of the division of a party, shall be transferred to the newly created parties in equal parts, unless the dividing parties fix another proportion.

3.	In the event of dissolution of a party, its financial resources shall be transferred to a charitable institution.

Article 37a. All appeals and written information submitted by a political party to gain financial means:

1)	for elections – shall bear an information of the provisions of Article 25, Article 36a, Article 49c, paragraph 3 and Article 49g, paragraph 2 – in full extent.
2)	for referendum -  shall bear information of the provisions of Article 25, and Article 49g, paragraph 3 – in full extent.

Article 38. 1.  No later than 31 March each year, a political party must submit to the National Electoral Commission a report, later called “report”, covering the sources of financial funds gained, including bank loans and specification of conditions set forth, and on expenditures paid from the Election Fund in the previous calendar year.

2. The Minister responsible for public finance, after seeking an opinion of the National Electoral Commission, shall specify, in a decision, the form of the report as well as necessary explanations concerning its preparation and a list of documents annexed. The form shall describe, in particular, the method of separately accounting the resources of the Election Fund of a political party.

3. An opinion and an auditor’s report on funds raised by an Election Fund of a political party shall be annexed to the report. The National Electoral Commission shall appoint the competent auditor and the National Electoral Office is obliged to cover the cost of preparing of such opinion and report.

3a. The report shall be submitted in a written form as well as in a form of electronic document, made in database application programming language, described in a decision, referred to in paragraph 2, by the Minister responsible for public finances. 

4.The report, together with an opinion, shall be published by the National Electoral Commission in the Official Gazette of the Republic of Poland “Monitor Polski” within 14 days following its submission to the National Electoral Commission.

Article 38a. 1. The National Electoral Commission shall, within four (4) months following the day of submitting a report:
3)	accept the report with no reservation;
4)	accept the report with reservations specified; 
5)	reject the report.

The provisions of Article 34a, paragraphs 2 to 6 shall apply respectively.

2. The report shall be rejected, if it is found that:

1)	the political party has conducted business activity;

2)	the political party has organised public collections;

3)	financial resources of a political party has been deposited apart from the bank account in violation of the provisions of Article 28, paragraph 8;

4)	financial resources of the party has been received from individuals, referred to in Article 25, paragraph 2, or from other illicit sources;

5)	financial resources of a party has been collected or spent for election campaigns apart from Election Fund; 

6)	financial resources of an Election Fund have been deposited apart from separate bank account, with violation of Article 36, para. 3.

Article 38b. In the event that the National Electoral Commission shall reject the report, a political party may lodge, within seven (7) days following delivery of the decision rejecting the report, a complaint to the Supreme Court against that decision. The provisions of Article 34b, paragraph 2-4 shall apply accordingly.

Article 38c. 1. In the event that the report is not provided within the time limit referred to in Article 38, paragraph 1, the National Electoral Commission shall notify the Court of its motion to remove that political party from the register.

2.  The Court after hearing the case, referred to in paragraph 1 above, shall decide whether to remove the political party from the register.

Article 38d. If the National Electoral Commission rejects a report or – if the appeal against a decision to reject report is refused by the Supreme Court - the political party is deprived of the rights to obtain subvention for the next three years during which it has such entitlement. The beginning of that term starts from the quarter of the year following the quarter, in which the report was rejected, and if a complaint on decision on rejecting the report has been lodged, this term shall begin from the quarter of the year following the quarter, in which the Supreme Court has refused the above-mentioned complaint. 

Article 39. (deleted)

Article 39a. 1. Material benefits transferred or accepted by a political party or by an Election Fund in violation of the prohibitions referred to in Article 24, paragraphs 3, 6, and 8, Article 25, Article 36, paragraphs 1 and 3, or Article 36a – shall be forfeited to the State treasury. 

2.  Provisions of paragraph 1, shall not apply to the material benefits transferred to a political party or Election Fund with violation of his Act, if those benefits has not been accepted by a political party or has been returned to the donor within the latest term of 30 days following the day of transfer of such donation. 

3. If, that benefit has been accepted, utilized or lost, its equivalent shall forfeit. The acceptance of material benefit in violation of the provisions of this Act shall be decided by the National Electoral Commission in a decision concerning the report on sources of financial funds gained, including bank loans and specification of conditions set forth and also on expenditures paid from the Election Fund in the previous year.

4. A political party may, within 60 days following the decision of the National Electoral Commission, referred to in paragraph 3, voluntarily transfer the material benefit, gained in violation of the law, to an account of a Finance Office  (Branch Office of the Ministry of Finance), respective to its location. Political party shall submit to the National Electoral Commission the document confirming transfer of benefits to the State treasure.

5. In event, the material benefits have not been returned voluntarily to the State treasury within the time limit referred to in paragraph 4, the Minister responsible for public finances shall, on the motion of the National Electoral Commission, enter a request with the District Court in Warsaw to decide forfeit of material benefits.

6. The provisions of the Code of Civil Procedure shall apply to the forfeit of material benefits.

7. The State treasury shall be represented in court’s proceedings and in execution of judgments by a Finance Office, respective to the location of a political party.

Article 40. The provisions on income tax shall apply to political party taxation.

Article 41. The Minister responsible for public finances shall, after seeking the opinion of the National Electoral Commission, shall determine by order, the rules on keeping financial records by a political party, especially records of receipts, disbursements, reckonings and property items as well as filling of financial reports, including evidence and clearance of public resources received.

Chapter 5
Proceedings in the cases of discrepancy in the aims or activities of a political party with the Constitution

Article 42. The hearings of cases of discrepancy in the aims or activities of a political party with the Constitution shall lay with the competence of the Constitutional Tribunal.

Article 43. The judicial proceedings at the Constitutional Tribunal in the cases, referred to in Article 42 determine an Act of 29th of April 1985, on the Constitutional Tribunal.

Article 44. 1. If the Constitutional Tribunal shall give opinion stating discrepancy of the aims and activities of a political party with the Constitution, the court shall immediately decide to remove the political party from the register.

2. The decision of the court, referred to in paragraph 1, is conclusive.

Chapter 6
Liquidation of a political party

Article 45. A political party shall go into liquidation in result of:

1)	dissolution on the basis of a resolution of the respective organ of the party;
2)	resolution of the court on removal of the party from the register out of reasons, referred to in Articles 20, 21, 39 and 44.

Article 46. 1. In the event, where the political party has been dissolved on the basis of its own resolution, the respective organ of a party shall immediately submit to the court the resolution on auto dissolution of the party and on nominating of the liquidator.

2. Where the party fails to nominate a liquidator, the liquidator shall be nominated by the court.

3. When the act of liquidation is finished, the court shall give a decision on removal of the political party from the register. The ruling of the court is conclusive.

Article 47. When the decision of the court, referred to in Article 45, paragraph 2, become valid, the court shall order the liquidation of a political party and shall nominate the liquidator of such party.

Article 48. The expenses connected with the act of liquidation shall be covered out of the property of the political party. If the property of a party covers a part of liabilities only, the State treasure shall cover the rest of those liabilities.

Article 49. In the cases of liquidation of a political party not settled in this Act, the provisions of Chapter 5 of the Act of 7th April 1989 on Associations (Dziennik Ustaw of 2001, No. 79, item 885) shall apply.

Chapter 6a
Punitive provisions

Article 49a. Any person who organises public collections in violation of the interdicts referred to in Article 24, paragraph 6 -

- shall be punished by a fine.

Article 49b. Any person who: 

1)	acting on behalf of a political party hands over its property or premises for other purposes than for use as offices for deputies, senators, and counsellors of a commune, a district or a voivodeship;

2)	 violates the rules described in Article 24, paragraph 8, concerning methods of collecting financial resources of a political party –
- shall be punished by a fine.

Article 49c. Any person who:

1)	provides funds of a political party for other purposes than determined by Article 24, paragraph 2;

2)	conducts economic activity on behalf of a political party in violation of Article 24, paragraph 3;

3)	transfers to a political party or receives on behalf of a political party financial resources or non-cash assets in violation of the interdicts referred to in Article 25 –
- shall be punished by a fine of between 1,000 and 100,000 PLN

Article 49d. Any person who fails to realise or obstructs the performance and submission of the information referred to in Article 34, paragraph 1, or who gives untrue information in such a report –
 - shall be punished by a fine, or limitation of liberty, or deprivation of liberty for up to 2 years.	

Article 49e. Any person who provides financial resources accrued in the Election Fund for other purposes than determined by Article 35, paragraph 1 –
	- shall be punished by a fine of between 1,000 and 100,000 PLN

Article 49f. Any person who:

1)	spends funds belonging to a political party for financing election campaigning apart from the Election Fund;

2)	fails to realise or obstructs the preparation or submission of the report referred to in Article 38 or who gives false information in such a report –
- shall be punished by a fine, or limitation of liberty, or deprivation of liberty for up to two years.

Article 49g. Any person who: 

1)	violates the rules described in Article 36, paragraph 3, concerning methods of collecting the financial resources of an Election Fund,

2)	contribute funds to an Election Fund in an amount that exceeds the limitation specified in Article 36a, paragraphs 1 or 2;

3)	fails to specify in an agreement concluded on behalf of the Election Fund with the bank holding the account that contributions to the Election Fund may be realised pursuant to the rules specified in Article 36a, paragraph 3 -
- shall be punished by a fine.

Article 49h. The appropriate provisions on procedure in cases of misdemeanour shall apply to proceedings in the matters referred to in Articles 49b and 49g.

Chapter 7. 
Amendments to the provisions in force

Article 50. In the Act of 6 June, 1972 on the constitution of army courts (Dziennik Ustaw No. 23, item 166, of 1989, of 1989, No. 73, item 436, 0f 1991, No. 113, item 491, of 1995, No. 89, item 443 and of 1996, No. 7, item 44), in Article 20:
1). In paragraph 3 the second sentence shall be deleted;

2). The paragraph 4 shall be added as follows:

“§ 4. a judge who candidates to the mandate of a deputy or senator, an unpaid vacancies is given for the time limit of election agitation, and if he gets a mandate – for the time of fulfilling such an office.”

Article 51.  In the Act of 16 September 1982 on the personnel of State offices (Dziennik Ustaw No. 31, item 214; of 19984 No. 35, item 187; of 1988 No 19, item 132; of 1989, No. 4, item 24, No. 34, item 178 and 182; of 190, No. 20, item 121; of 1991, No. 55, item 234, No. 88, item 400 and No. 95, item 425; of 1992, No. 54, item 254 and No. 90, item 451; of 1994, No. 136, item 704; of 1995, No. 132, item 640 and of 1996, No. 89, item 402 and No. 106, item 496) an Article 45¹ shall be added as follows:

“Article 45¹. 1. State officials of Chancellery of Seym, Chancellory of Senate, Chancellery of the President of the Republic of Poland and in the Office of the National Council of Radio and Television are prohibited to manifest openly their political believes.

2. The prohibition, referred to in paragraph 1, shall not obey workers, engaged on the basis of Article 47¹, paragraph 1 as well as persons holding managerial position in the Chancellery of the President of the Republic of Poland, specified in Article 2 of the Act of 31 July 1981 on salary of persons holding managerial position in State offices (Dziennik Ustaw No. 20, item 101; of 1982, No. 31, item 214; of 1985, No. 22, item 98 and No. 50, item 262; of 1987, No. 21, item 123; of 1989, No. 34, item 1788; of 1991, No. 100, item 443; of 1993, No. 1, item 1; of 1995, No 34, item 163 and No. 142, item 701; of 1996, No. 73, item 350, No. 89, item 402, No. 106, item 496 and No. 139, item 647 and of 1997, No. 75, item 469)”.

Article 52. In the Act of 20 September 1984 on the Supreme Court (Dziennik Ustaw of 1994, No. 13, item 48; of 1995, No 34, item 163; of 1996, No. 77, item 367 and of 1997, No. 75, item 471) there shall be deleted second sentence in Article 38, paragraph 3.

Article 53. In the Act of 20 June 1985 – the law on the constitution of common courts (Dziennik Ustaw of 1994, No. 7, item 25, No. 77, item 355, No. 91, item 421 and No. 105, item 509; of 1995, No. 34, item 163 and No. 81, item 406; of 1996, No. &&, item 367 and of 1997, No. 75, item 247), in Article 64:

1). In paragraph 3 the second sentence shall be deleted,

2). The paragraph 4 shall be added as follows:
“§ 4. a judge who candidates to the mandate of a deputy or senator, an unpaid vacancies is given for the time limit of election agitation, and if he gets a mandate – for the time of fulfilling such office.”

Article 54. . In the Act of 20 June 1985 – the law on prosecutors (Dziennik Ustaw of 1994, No. 19, item 70 and No. 105, item 509, of 1995, No. 34, item 163; of 1996, No. 77, item 367 and of 1997, No. 90, item 557), in Article 44:

1). In paragraph 3-second sentence shall be deleted,

2). The paragraph 4 shall be added as follows:
“§ 4. a prosecutor who candidates to the mandate of a deputy or senator, an unpaid vacancies for the time limit of election agitation, and if he gets a mandate – for the time of fulfilling such office.”

Article 55. In the Act of 29 April 1995 - on the Constitutional Tribunal (Dziennik Ustaw of 1991, No. 109, item 470 and No.47, item 213, of 1994, No. 122, item 593; of 1995, No. 13, item 59 and of1996, No. 77, item 367) the following amendments shall be made (omitted).

Article 56. In the Act of 10 May 1991 – on elections to the Senate of the Republic of Poland (Dziennik Ustaw of 1994, No 54, item 224 and of 1997, No. 70, item 443) the Article 20, paragraph 6 shall read as follows: -(out of date: the above Act expired in 2001 – the binding rules forms the Act of 12 April 2001 – on elections to the Seym of the Republic of Poland and to the Senate of the Republic of Poland – Dziennik Ustaw No. 46, item 499 and No. 154, item 1802)

Article 57. In the Act of 28 May 1993 – on elections to the Seym of the Republic of Poland (Dziennik Ustaw of 1994, No 45, item 205, of 1995, No. 132, item 640, of1997, No. 47, item 297, No. 70, item 443 and No. 88, item 554) the following amendments shall be made: -(out of date: the above Act expired in 2001 – the binding rules forms the Act of 12 April 2001 – on elections to the Seym of the Republic of Poland and to the Senate of the Republic of Poland – (Dziennik Ustaw No. 46, item 499 and No. 154, item 1802)

Article 58.  In the Act of 12 October 1994 on local government repeal colleges (Dziennik Ustaw No. 122, item 593 and of 1995, No. 74, item 368) there shall be paragraph 8 added to the Article 7 as follows:

  “8. Neither the chairman nor permanent members of the college may not belong to any political party nor perform any political activities.” 

Article 59. In the Act of 9 May 1996 on performing the mandate of a deputy or senator (Dziennik Ustaw No. 73, item 350 and No. 137, item 638 and No. 28, item 153) the following amendments shall be made:
(omitted)

Chapter 8
Transitional and final provisions

Article 60. 1. Up to 31 December 1997 political parties that present the motion or entered into register maintained by the Voivodeship Court in Warsaw on the day when this Act enters into force shall submit to the Court all the data that need to be enclosed to the motion on entering into the register pursuant to the requirements of this Act, with reservation to paragraph 2 below.

2. Political parties referred to in paragraph 1, shall submit to the Court, up to 31 December 1998 the amendments in the party charters made to adjust them to the requirements of this Act.

3. Where the duties referred to in paragraphs 1 and 2 are not executed, it shall make the basis to removal the political party out the register and to put such party into liquidation. 

Article 61. 1. The first yearly subventions from State budget due to the political party shall be formulated in the Act of budget for 1998. 

2. The provisions of Articles 28 – 34 shall apply to political parties that shall take part in elections to the Seym and to the Senate held after expiration of a term of office of the Seym elected on 19 September 1993.

Article 62. Hitherto valid provisions shall apply to the applications on entry to the register of political parties adjudicated before this Act comes into effect. 

Article 63. The Act of 28 June 1990 - on political parties (Dziennik Ustaw No. 54, item 312) - shall expire.

Article 64. This Act shall enter into force 30 days after its promulgation, with the exception of Article 58 that shall enter into force at the end of the period of 4 month after its promulgation.

*    *    *

Translated for 
Krajowe Biuro Wyborcze
by Henryk Bielski
Warsaw, 2004