113Civil Defence in Poland in Terms of Needs and Legal Regulations
Eugeniusz Kołpaczyński
Pomeranian University
in Slupsk
eugeniusz.kolpaczynski@apsl.edu.pl
ORCID: 0000-0001-7652-8934
CIVIL DEFENCE IN POLAND IN TERMS OF NEEDS
AND LEGAL REGULATIONS
OBRONA CYWILNA W POLSCE W ASPEKCIE POTRZEB
I PRAWNYCH REGULACJI
Abstract: In this study, the author presents Civil Defence in Poland with regards to needs and
legal regulations. Research on the state and needs of civil protection in Poland is carried out
by state institutions, social institutions and researchers from various academic centres.
The state of civil protection is not consistent in legal and organisational terms. One example
is the failure to enact a new draft Law on Civil Protection and Civil Defence. Although Poland
has ratied international conventions, many of their standards have still not been implemented
in practice.
Zarys treści: W opracowaniu Autor podjął próbę przedstawienia obrony cywilnej w Polsce
w aspekcie potrzeb i prawnych regulacji. Badania stanu i potrzeb ochrony ludności w Polsce
prowadzone są przez instytucje państwowe, społeczne oraz naukowców z różnych ośrodków
akademickich. Stan ochrony ludności nie jest spójny pod względem prawnym i organizacyj-
nym. Jednym z przykładów jest nieuchwalenie projektu nowej ustawy O ochronie ludności
i obronie cywilnej. Pomimo, tego iż Polska ratykowała konwencje międzynarodowe,
to w dalszym ciągu wiele ich norm nie wdrożono do praktycznego stosowania.
Keywords: civil defence, security, threats, law
Słowa kluczowe: obrona cywilna, bezpieczeństwo, zagrożenia, prawo
Introduction
One of the most important tasks of the Polish state, carried out by its public
authorities, is to ensure the safety of the population. The problem of protecting
the civilian population from threats is important in social terms. Consistent improve-
ment and maintenance of conditions for eective protection against threats in times
of peace and war is a current task. The principles of the functioning of civil defence in
113
113gl;;
Nr 7 ss. 113–125 2022
ISSN 2543–7321 Przyjęto: 03.10.2022
© Instytut Bezpieczeństwa i Zarządzania, Akademia Pomorska w Słupsku Zaakceptowano: 03.10.2022
Oryginalna praca badawcza DOI: 10.34858/SNB.7.2022.010
STUDIA NAD BEZPIECZEŃSTWEM
114 Eugeniusz Kołpaczyński
Poland were regulated by the act O powszechnym obowiązku obrony Rzeczypospolitej
Polskiej,1 which was repealed after the entry into force of the act O obronie ojczyzny.2
In the repealed act, the chapters of Chapter IV entitled “Civil defence” contained gen-
eral provisions about service in civil defence, education for safety and about general
protection of the population. It is to be expected that these will be included in the new
law On Civil Protection and the State of Disaster.3 The solutions and regulations pro-
posed therein have been and are the subject of many discussions and considerations
regarding the improvement of civil protection activities in Poland. This paper presents
the results of part of the research from the doctoral dissertation “Preparation of civil
protection against threats during peace and war” prepared at the Federation of Military
Academies.4 Recent events in Ukraine related to Russian aggression show the atrocities
of the aggressor against the Ukrainian civilian population. The systemic preparation of
the protection of the population is of fundamental importance here. It allows us to assess
its condition and the preparedness of civil protection in Poland at the same time.
The Chief Commandant of the State Fire Service is at the same time the Head
of the National Civil Defence. This has been the situation in Poland since 2007,
and according to the current legislation such a solution should not exist. In practice,
as the Head of the OCK, the Chief Commandant can and should demand that central
authorities implement the required, necessary solutions. However, this may cause dis-
ruption in the cooperation with public administration bodies, including the Ministry
of Internal Aairs and Administration. The research shows that the Head of the OCK
should report directly to the Prime Minister. By law, the Head of the OCK should have
the authority to inuence, in a supervisory mode, the institutions which deal
with population security. The state bodies responsible for population security and cri-
sis management are shown in Table 1.
Table 1. State bodies responsible for civil security and crisis management
Administration
Level
Civil defence,
Civil protection Crisis management
Central
Chief Fire Ocer of the State
Fire Service (since 2007 has been
Head
of National Civil Defence)
Council of Ministers,
Prime Minister,
competent ministers
1 On the general duty to defend the Republic of Poland Act of 21 November 1967, Dz. U. (Jour-
nal of Laws) 1967, no 44, item 2399, as amended.
2 On the defence of the Fatherland Act of 11 March 2022, Dz. U. (Journal of Laws) 2022,
item 655.
3 The draft law On Civil Protection and the State of Disaster has been notied to the list of leg-
islative and programmatic works of the Council of Ministers, website https://www.gov.pl/web/
mswia/prezentacja-projektu-ustawy-o-ochronie-ludnosci-oraz-o-stanie-kleski-zywiolowej-
-konferencja-z-udzialem-kierownictwa-mswia, [accessed: 01.10.2022].
4 Military Academy Federation website; https://bip.faw.edu.pl/faw/doktoranci/postepowania-
ws-nadawania-stop/postepowania-doktorskie/zawiadomienia-o-obronach/8517,mgr-inz-Euge-
niusz-Kolpaczynski.html, [accessed: 29.09.2022].
115Civil Defence in Poland in Terms of Needs and Legal Regulations
Administration
Level
Civil defence,
Civil protection Crisis management
Resort competent ministers,
directors of central oces
competent ministers,
directors of central oces
Voice Governor Governor
County Starost Governor
Gmine Mayor Mayor
Source: compiled on the basis of the provisions of the Acts of Competence.
Civil Defence has requirements that are greater than the capabilities and compe-
tences of the State Fire Service, which is assigned to rescue operations of various
kinds. However, it has a great capacity for action, having at its disposal specialised
reghters and appropriate equipment, with the units of the State Fire Service be-
ing properly distributed throughout the country. The heads of OC of the provinces,5
districts and municipalities are in charge of civil defence preparedness. This applies
to all institutions, domestic and foreign companies and social organisations within
their area of administrative responsibility. Citizens within OC are obliged to serve,
educate and train,6 and to participate in the response to natural disasters. Existing legal
regulations7 dene the competences of the Head of OC,8 as well as those of the heads
5 When managing defence matters, the voivode performs the following tasks for the benet of
civil defence, among others: – denes detailed directions for the heads of combined services,
inspections and guards, organs of non-associated administration and local government units
in the execution of defence tasks; – manages the execution of undertakings related to the rais-
ing of state defence readiness performed by marshals of voivodships, starostes, mayors (city
presidents), entrepreneurs and other organisational units and social organisations; – manages
the implementation of undertakings related to the preparation of management positions for ter-
ritorial bodies; – organises the use of local forces and resources for the needs of state defence
and the voivodship area; – controls and evaluates the performance of defence tasks by bodies,
entities, organisational units and organisations; – organises the education of the public on de-
fence preparedness and conducts defence training and exercises.
6 Citizens’ duty in civil defence consists of performing: – civil defence service; – education for
security; – training in the general protection of the population.
7 Regulation of the Council of Ministers of 25 June 2002. On the detailed scope of activities of
the Head of Civil Defence of the Country, heads of civil defence of provinces, districts and com-
munes, Journal of Laws of 2002, no. 96, item 850.
8 The responsibilities of the Head of National Civil Defence include: – initiating, preparing,
issuing and issuing opinions on draft normative acts concerning civil defence; – agreeing the
draft plan of national civil defence with the Ministry of Defence and other relevant ministers;
– dening assumptions for civil defence plans of provinces, districts, municipalities and en-
trepreneurs; – developing programme assumptions and directions for education and training
of employees, rescuers and the population in the eld of civil defence; – assessing the state
of civil defence preparedness in voivodships, districts and municipalities; – planning needs
in terms of nancial and material resources necessary to full their own tasks in the eld of
civil defence; – dening assumptions for evacuation of people and property in case of a mass
emergency – to initiate scientic and research activities concerning civil defence, as well as to
participate in unication and standardisation works in this eld; – to prepare, for the needs of
the minister responsible for internal aairs and the Prime Minister, information concerning civil
defence; – to organise and coordinate civil defence exercises – to control the preparation of civil
116 Eugeniusz Kołpaczyński
of OC of provinces, districts and municipalities.9 From these regulations stem their
interdependence.10 OC formations can also appoint personnel from private business
entities. Organisational rules and the manner of performing service in civil defence
are determined by the Minister of the Ministry of the Interior and Administration.11
In case of war, natural disasters or environmental threats, the Minister of KiDN
establishes civil defence formations.12 The framework for the supervisory control of
defence formations and rescuers to carry out rescue operations; – to control the conditions for
performing basic service in civil defence; – to establish normative requirements for supplying
civil defence bodies and formations with equipment, technical means and uniforms necessary
to perform civil defence tasks.
9 The responsibilities of the heads of civil defence of provinces, districts and municipalities in-
clude: – assessing the state of civil defence preparations; – developing and giving opinions
on civil defence plans; – developing and agreeing action plans; – organising and coordinating
civil defence training and exercises; – organising training of the population in civil defence;
– preparing and ensuring the operation of the detection and alarm system and the early warning
system of the detection and alarm system and the early warning system for threats; – setting
up and preparing civil defence organisational units for operation; – preparing and organising
the evacuation of the population in the event of a mass threat to life and health over a wide area;
– planning and providing transport facilities, living facilities, and pre-medical, medical
and social assistance to the evacuated population; – planning and ensuring the protection
of agricultural and livestock crops and food and fodder products, as well as water intakes
and facilities in the event of a threat of destruction; – planning and ensuring the protection
and evacuation of cultural and other property in the event of a threat of destruction;– designat-
ing health care facilities obliged to provide medical assistance to those aected by a mass threat
to the life and health of the population; – ensuring the supply of drinking water to the popula-
tion and designated food establishments, and water for special equipment for the elimination of
contamination and for re-ghting purposes; – to supply civil defence bodies and formations
with equipment, technical means and uniforms necessary for the performance of civil defence
tasks; – to integrate civil defence forces and other services; – to give opinions on drafts of local
laws concerning civil defence and aecting the performance of civil defence tasks; – to initiate
scientic and research and standardisation activities concerning civil defence; – cooperating
with territorial bodies of military administration; – providing conditions for performing basic
service in civil defence; – giving opinions on proposals for the creation of civil defence forma-
tions; – preparing information on the tasks to be performed; – cooperating with voivodes’ pleni-
potentiaries for emergency medical services and with territorial bodies of military administra-
tion; – inspecting the preparation of civil defence formations and rescuers to carry out rescue
operations; – establishing a list of state institutions, entrepreneurs and other organisational units
and social rescue organisations intended to carry out civil defence preparations and undertak-
ings; – organising and carrying out training of rescuers doing basic service in civil defence;
– preparing and providing necessary forces for emergency assistance in burying the dead.
10 The heads of civil defence set tasks and control their implementation, and coordinate and direct
activities in the preparation and implementation of civil defence undertakings: – The Head
of National Civil Defence for the heads of civil defence in the provinces; – The Head of Civil
Defence in the provinces for the heads of civil defence in the districts; – The Head of Civil
Defence in the districts for the heads of civil defence in the municipalities; – The Head of Civil
Defence in the municipalities for the heads of civil defence in institutions, entrepreneurs, social
rescue organisations and other organisational units operating in the municipal area.
11 Regulation of the Minister of Internal Aairs and Administration of 26 September 2002.
On service in civil defence, Dz.U. (Journal of Laws) 2002, no. 169, item 1391, as amended.
12 Regulation of the Minister of Culture and National Heritage of 8 July 2008. Amending
the Regulation on the establishment of civil defence formations, Dz. U. (Journal of Laws) 2008,
no. 131, item 833.
117Civil Defence in Poland in Terms of Needs and Legal Regulations
government administration bodies and local government bodies is dened by the
Council of Ministers.13 The correctness of the implementation of defence tasks and
the state of their preparations is assessed through substantive inspections.14
In case of war, natural disasters or threats to the environment, the Minister of
KiDN appoints civil defence formations.15 The provision of Article 140 has been re-
pealed. Thus, the basis for specifying civil defence tasks, powers and duties of indi-
vidual institutions has been abolished. The Council of Ministers issued a Regulation
specifying the scope of competences of the Heads of OC at particular levels.16
Knowledge of the obstacles to the smooth functioning of administrative bod-
ies makes it possible to eliminate unwanted impediments in advance and reduces
the costs of action. It allows one to get to know the processes and phenomena occur-
ring in the state related to the security of the population. The assessment of the com-
pleteness and substantive correctness of the functioning of state institutions is based
on the preparation of framework recommendations and laws which comprehensively
regulate the issue of population security.
The most important security threats presented in the National Security Threats
Report and actions to counter them should be used in the further planning pro-
cess.17 Such a solution is supposed to be conducive to informing state bodies about
the current state of security and the requirements for individual public adminis-
tration units.18 The conclusions of the Report are used in the National Crisis
13 Regulation of the Council of Ministers of 13 January 2004. On control of performance of de-
fence tasks, Dz. U. (Journal of Laws) 2004, no. 16, item 151.
14 The check consists of establishing the facts, in particular with regard to: – implementation of
operational planning and defence programming preparation of the state defence system enabling
mobilisation development of the Armed Forces of the Republic of Poland; – preparation for
the realisation of tasks resulting from civil-military cooperation; – preparation for the realisa-
tion of tasks resulting from host state duties performed for the benet of allied troops; – prepa-
ration of the state defence management system; – planning and realisation of economic and
defence tasks; – planning and organising services for defence; – taking into account defence
needs in spatial management plans; – preparing personnel reserves for the needs of military
units; – carrying out tasks in the scope of preparing specic organisational units for militari-
sation; – preparing special protection of objects important for national security and defence;
– planning and carrying out defence training.
15 On Amendments to the Act on Universal Obligation to Defend the Repub lic of Poland and Amend-
ments to Certain Other Acts Act od 29 October 2003, Dz. U. (Journal of Laws) 2003, no. 210,
item 2036.
16 Regulation of the Council of Ministers of 25 June 2002. On the detailed scope of activities of
the Head of Civil Defence of the Country, heads of civil defence of provinces, districts and com-
munes, Dz. U. (Journal of Laws) 2002, no. 96, item 850.
17 The sub-report covers the most important threats and the consequences of their occurrence
by creating a risk map that includes a listing of the types and characteristics of threats:
– with a signicant impact on the functioning and development possibilities of the state; – the
eects of which may: harm the security of the state, its constitutional order, threaten the life or
health of a large number of people, property in large amounts or the environment in large areas
or aect other states and aect the territory of the Republic of Poland or its citizens; – occurring
in areas of international tensions, conicts and crises, aecting the security of the state or whose
need for monitoring and elimination results from signed international agreements and treaties;
– of a terrorist nature that may lead to a crisis situation.
18 The report includes the following elements: – the identication of the most important threats
118 Eugeniusz Kołpaczyński
Management Plans. The Government Security Centre19 strengthens crisis manage-
ment at the national level. In the event of an emergency, its director becomes the
secretary of the Government Crisis Management Team.20 The RCB has the ability
to carry out threat analysis based on public administration data. Civil protection is
one of the important tasks of the authorities along with inspections specialised in
the protection of security and public order,21 rescue, justice22 and crisis management.
The Council of Ministers23 designs the self-defence of the population24 in Poland.
It establishes the organisation and indicates to the population their responsibilities
for defence. An important activity is to teach participants practical behaviour. Ini-
tiating and carrying out the necessary training of the population is the competence
of the heads of civil defence. According to the Guidelines of the Chief of Civil
Defence25 they should be implemented at all levels of administration. Practice also
shows the need to organise them in workplaces.26 The Head of OCK, in Annex 4 to
through the creation of a risk map; – the identication of strategic objectives; – the prioritisation
of the response to specic threats; – the identication of the forces and resources necessary to
achieve the strategic objectives; – the programming of security improvement tasks by taking
into account regional and local initiatives; – conclusions containing a hierarchically ordered list
of undertakings necessary to achieve the strategic objectives.
19 The Government Security Centre operates on the basis of Article 10 of the Act of 26.04.2007.
On crisis management, Dz. U. (Journal of Laws) 2007, no. 89, item 590, which is detailed in
the Ordinance of the Prime Minister of 11 April 2011. On the organisation and course of action
of the Government Centre for Security, Dz. U. (Journal of Laws) 2011, no. 86, item 471.
20 Order No. 67 of the Prime Minister of 15 October 2014. On the organisation and working pro-
cedures of the Government Crisis Management Team, M.P. 2014, item 926.
21 The task of the public security and order services is to prevent and prosecute perpetrators of
attacks on life, health and property. The tasks of public authorities in the eld of public security
and order are dened in laws, including, inter alia, on: Police, Border Guard, Special Services
and State Protection Service.
22 The judicial power is one of the three elements of the systemic separation of powers. It follows from
the wording of Article 175 of the Polish Constitution that the administration of justice is exercised
exclusively by the courts. They are: Supreme Court, ordinary courts, administrative courts and
military courts. The judicial power also includes the Constitutional Tribunal and the State Tribunal.
23 Ordinance of the Council of Ministers of 28 September 1993 on general self-defence of
the population, Dz. U. (Journal of Laws) 1993, no. 91, item 421.
24 In preparation for self-defence, persons of Polish nationality may be required to:
– prepare for the protection of a building or dwelling and personal and individual property;
– protect their own sources of drinking water and foodstus from contamination or pollution;
– maintain and preserve their own and assigned equipment and protective measures; – maintain
and preserve domestic protective premises; – carry out other undertakings to protect their own
life, health and property and provide assistance to the injured.
25 Guidelines of the Head of the National Civil Defence of 11 January 2016. On the principles of or-
ganisation and manner of conducting civil defence training, Ocial Journal of the KG PSP of 2016.
26 Educational content for basic training at the eld level in civil defence includes: – international
humanitarian law in its aspects concerning civil defence and protection of goods necessary for
survival; – civil defence in the national defence system; – tasks and competences of public ad-
ministration bodies, services, inspections, guards in the eld of civil defence and goods necessary
for survival; – selected issues in crisis management in crisis situations; – civil defence formations
– tasks, method of organisation, equipment, principles of achieving readiness to act; – psycho-
logical aspects of crisis situations; – ways of dealing with the media in crisis situations, the role
of the media in crisis situations; – practical implementation of civil defence tasks; – tasks of non-
governmental organisations in the civil defence system.
119Civil Defence in Poland in Terms of Needs and Legal Regulations
the Guidelines,27 denes a closed catalogue of teaching establishments that can imple-
ment civil protection and civil defence training. At present, these are only re service
training centres. The above indicates the role of the State Fire Service in the eld of
civil protection. Among other things, this is a negative consequence of combining
the position of the Chief Fire Ocer of the State Fire Service with that of the Chief
of Civil Defence of the Country.
The PSP plays a leading role in emergency management, and reghters are
trained in the eld of civil protection. The provision of modern transport and spe-
cialist equipment and specialised equipment enables rescue operations to be carried
out eciently. Fireghters participate in rescue operations at the scene of disasters
and coordinate the work of other services, including police ocers and paramedics.
The State Fire Service28 extinguishes res, deals with the consequences of natural
disasters and carries out other activities for the benet of the population.29
The Minister of SWiA in the Regulation30 dened the standards and norms of
equipment of individual PSP units. Statutory provisions31 dene re protection
as protection of life, health, property and the environment32 within the KSRG,33
and the Chief Commandant of the State Fire Service34 is primarily responsible
27 The Head of Civil Defence of the Country in Appendix 4 to the Guidelines of 11.01.2016.
On the principles of organisation and manner of conducting civil defence training, has included
a list of teaching establishments that can provide civil protection and civil defence training.
28 On the State Fire Service, Act of 24 August 1991, Dz. U. (Journal of Laws) 1991, no. 88, item
400, as amended.
29 The basic tasks of the State Fire Service include: – identifying re hazards and other local
threats; – organizing and carrying out rescue operations during res, natural disasters or elimi-
nation of local threats; – carrying out auxiliary specialist rescue operations during natural di-
sasters or elimination of local threats by other rescue services; – supervising the observance of
re regulations; – cooperating with re services and rescue services of other countries and their
international organisations.
30 Regulation of the Minister of Internal Aairs of 21 November 2014. On detailed principles of
equipment of organisational units of the State Fire Service, Dz. U. (Journal of Laws) 2014, item
1793.
31 On re protection Act of 24 August 1991, Dz. U. (Journal of Laws) 1991, no. 81, item 351, as
amended.
32 Fire protection consists of undertakings by: – preventing the occurrence and spread of a re,
natural disaster or other local hazard; – providing forces and resources to combat a re, natural
disaster or other local hazard; – carrying out rescue operations.
33 In order to protect life, health, property and the environment, a National Rescue and Fireght-
ing System has been established to: – ght res or other natural disasters; – technical res-
cue; – chemical rescue; – ecological rescue; – medical rescue; – cooperation with the units of
the State Medical Rescue System.
34 The tasks of the Chief Commandant of the State Fire Service include: – managing the work of
the National Headquarters of the State Fire Service; – managing the national rescue and reghting
system; – analysing re hazards and other local hazards; – initiating undertakings and scientic and
research work in the eld of re protection and rescue; – initiating and preparing draft normative
acts concerning re protection and rescue; – supporting social initiatives in the eld of re protec-
tion and rescue; – supporting public initiatives in the eld of re protection and rescue. cooperation
with the Head Board of the Association of Volunteer Fire Brigades of the Republic of Poland;
– conducting international cooperation, participation in the preparation and implementation of
international agreements, sending PSP organisational units to rescue and humanitarian actions
beyond the state border; – introducing increased operational readiness in the State Fire Service in
120 Eugeniusz Kołpaczyński
for the use of this potential. On the other hand, the Minister of SWiA, in the Regulation
on the detailed organisation of the national rescue and reghting system,35 has de-
tailed the organisation of the KSRG. In particular, it concerns the ght against: res36
and natural disasters,37 as well as dispatching38 and managing rescue operations.
The organisation and management of the PSP includes: technical rescue,39 chemical
rescue, ecological rescue40 and medical rescue41. Volunteer re brigades are involved
in these activities.42 The Regional Chief of the PSP is responsible for ghting res,
natural disasters and other hazards.43 At district level, the district chief of the PSP
situations of increased probability of a natural disaster or technical failure; – organising national
and international rescue exercises.
35 Regulation of the Minister of Internal Aairs and Administration of 17 September 2021. On the
detailed organisation of the national rescue and reghting system, Dz. U. (Journal of Laws)
2021, item 1737.
36 In ghting res, CRSG involves planning, organising and implementing the actions necessary to
extinguish a re.
37 In terms of dealing with other disasters, the CRSG covers the planning, organisation and execu-
tion of rescue operations necessary to save life, health, property or the environment.
38 In terms of technical rescue, KSRG includes: planning, organising and executing the res-
cue operations necessary to search for and reach endangered or injured persons and animals,
and to reduce or eliminate the threat to life, health, property or the environment.
39 In terms of chemical and environmental rescue, the CRSG includes: planning, organising
and executing the rescue operations necessary to reduce or eliminate the immediate risks posed
by hazardous substances to people, animals, the environment or property.
40 Dispatching to rescue operations includes: – reconnaissance and identication of the hazard;
– securing the rescue zone; – switching on or o installations, equipment and utilities aecting
the safety of endangered or aected persons and rescuers; – performing activities to reach and
perform access to endangered or aected persons, preparing evacuation routes for endangered
or aected persons and rescuers; – Elimination of hazards associated with the disaster; – Ad-
aptation of equipment and rescue techniques to the size and type of the disaster; – Elimination,
reduction or increase of the danger zone; – Mobilisation of additional forces and resources of
the KSRG entities; – Assessment of the extent of the disaster that has occurred.
41 Rescue activities in the eld of medical emergency include, in particular: – recognition of
the state of health emergency in the injured persons and conducting primary segregation
and participation in secondary segregation; – application of techniques and equipment neces-
sary to save life and health depending on the type, scale and place of the incident and the num-
ber of injured persons; – ensuring the continuity of the process of rescue of persons in a state
of health emergency carried out by CRSG entities at the scene of the incident; – determining
the method of handling medical equipment.
42 The tasks of the voluntary re brigades include in particular – ghting res, natural disasters
or other local dangers; – organising projects to promote sport and physical culture that allow
the development of skills used in rescue operations; – organising educational and cultural proj-
ects to promote knowledge and skills in re protection; – promoting and supporting forms of
cooperation between local social and economic partners in the eld of re protection; – promot-
ing the principles of rst aid for victims of re, natural disaster or other local danger.
43 The tasks of the regional commander of the State Fire Service include: – managing the regional
headquarters of the State Fire Service; – developing rescue plans in the voivodeship area; – or-
ganising the national rescue and re-ghting system; – disposing and directing the forces and
means of the national rescue and re-ghting system in the voivodeship area through his/her
command post; – directing the organisational units of the State Fire Service from the voivodeship
area to rescue and humanitarian operations beyond the state border; – analysing rescue operations;
– carrying out operational readiness inspections; – introducing increased operational readiness in
the State Fire Service on the territory of the voivodeship and districts, in a situation of increased
121Civil Defence in Poland in Terms of Needs and Legal Regulations
is responsible for re safety and protection against the eects of other local threats.44
The service obliged to protect the population is the Police, functioning under
the regulations set out in the Police Act,45 as a uniformed and armed formation serving
the public. It is also designed to maintain public safety and order and is to perform
a servant role towards the public.46 The scope of tasks and competences of the Police
is specied in many lower-level legal regulations.
The study of the functioning of Civil Defence and the use of its activities for
the protection of the population in peacetime has been the subject of research
by many scientists and specialists. It is therefore legitimate to draw on this body of work,
including the results of our own research. Among the functions of the state, the inter-
nal function is mentioned, which includes ensuring public safety and order, protecting
human life, health and property, and ensuring the sustainability of the property system
in the internal structure of social relations.47
The doctrine points out that the eective targeting of public order policies aecting
a local community can take place not only at the local level, as the threats addressed by
these policies also have supra-local characteristics, following a bottom-up pattern.48
Local authorities are in the best position to assess the nature and scale of the hazard
and the appropriate countermeasures appropriate to the nature and scale of the hazard
probability of a natural catastrophe or technical failure, the eects of which may endanger the life
or health of a large number of people, property in large amounts or the environment in large areas;
– organising voivodeship rescue exercises; – controlling the agreement of construction projects in
the eld of re protection; – supporting social initiatives in the eld of re protection.
44 The tasks of the district chief of the State Fire Service include: – organising rescue
and re-ghting units; – organising the national rescue and re-ghting system on the terri-
tory of the district; – dispatching and directing the forces and resources of the national rescue
and re-ghting system on the territory of the district through his command post; – directing
the organisational units of the State Fire Service from the territory of the district to rescue
and humanitarian actions beyond the state border; – organising and conducting rescue opera-
tions; – cooperating with the commander of the commune association of voluntary re brigades;
– identifying re hazards and other local threats; – developing rescue plans in the district area;
– supervising the observance of re regulations; – carrying out rescue tasks; – determining
the causes and circumstances of the origin and spread of re and local threats; – training members
of voluntary re brigades; – implementing heightened operational readiness at the district head-
quarters of the PSP in situations of increased likelihood of natural disaster or technical failure.
45 On the Police Act of 6 April 1990, Dz. U. (Journal of Laws) 1990, no. 30, item 179, as
amended.
46 The basic tasks of the Police include: – protection of human life and health and property against
unlawful attacks violating these goods; – protection of public safety and order; – initiation and
organization of activities to prevent the commission of crimes and oences and criminogenic
phenomena and cooperation with state and local government bodies and social organizations;
– conducting counter-terrorist activities; – detection of crimes and misdemeanours and pros-
ecution of their perpetrators; – protection of the premises constituting the seats of the members
of the Council of Ministers; – supervision of specialised armed security formations; – control
of observance of order and administrative regulations related to public activities or in force in
public places; – cooperation with the police of other countries and their international organisa-
tions; – processing of criminal information.
47 Kitler, W. (ed.), Koncepcja systemu bezpieczeństwa narodowego Rzeczypospolitej Polskiej, 2014,
pp. 23–24.
48 Wolanin, J., Wybrane zagadnienia bezpieczeństwa, „Zarządzanie bezpieczeństwa. Wybrane za-
gadnienia ochrony ludności” 2003, z. 3, pp. 33–34.
122 Eugeniusz Kołpaczyński
and the perception of the local population. This is particularly true of emergency
management. It is dicult to justify the relevance of seeking to centralise security
management, e.g. in relation to the threat to the population of a municipality or dis-
trict. Over-protectiveness and omnipotence on the part of the state authorities leads
to indierence and the lack of concern for matters of one’s own security and that of
the population, and to treat it as a problem of central authority.49 This is what happens
when local aairs are “taken into their own hands” by the central administration, or
even at a county level, where the decisions are made by the governor who controls
the entire emergency response in the county area. The term “public order” is a state of
stability and tranquillity resulting from the observance of the law. It can be disturbed
by individuals or groups.50
Research into the meaning of the term “universal security” has led to the conclu-
sion that it is understood as protection against hazards caused by the forces of nature,
such as res, earthquakes, oods, droughts, strong winds, landslides, precipitation
and other elements, as well as those arising from technical failures caused by human
activity, such as transport, construction and energy disasters.
The police have a statutory duty to protect general security and public safety
and order. At the voivodship level, this task is performed by the voivod with the assis-
tance of the regional police chief or the regional police chief acting on their own ini-
tiative. At the district and municipality level, these tasks are performed by the district
(city) police chief and the chief of a police station. A good solution is the planned and
implemented extension of this structure to the lowest level, i.e. police stations. A net-
work of such police stations would bring citizens closer to the police units operating at
the municipal level. The eorts of the police authorities are justied.
An important activity is to guarantee medical assistance to everyone in states of
health emergency. For this purpose, the State Medical Rescue Service was estab-
lished and the principles of its organisation and functioning are regulated by the law.51
The PRM operates on the basis of a provincial plan and the provincial governor is
responsible for organising and planning.52
The Supreme Chamber of Control, while assessing the functioning of the medi-
cal rescue system53, stated that the government administration bodies responsible for
49 Bosek, M., Kilka uwag o myśli społecznej Rafaela Termesa, [in:] Studia polsko-hiszpań-
skie. Wiek XX, J. Kieniewicz (ed.), Warszawa 2004, p. 224.
50 Cf.: Pikulski, S., Podstawowe zagadnienia bezpieczeństwa publicznego, [in:] Prawne i ad-
ministracyjne aspekty bezpieczeństwa osób i porządku publicznego w okresie transformacji
ustrojowo-gospodarczej, W. Bednarek, S. Piskulski (eds.), Olsztyn 2000, p. 101.
51 On National Emergency Medical Services, Act of 8 September 2006, Dz. U. (Journal of Laws)
2006, no. 191, item 1410, as amended.
52 The action plan of the State Medical Rescue Service includes: – the number and distribution
on the territory of the voivodship of the units of the system; – the areas of operation and opera-
tional regions; – the method of coordination of the activities of the units of the system; – the cal-
culation of the costs of the activities of the medical rescue teams; – the method of cooperation
with the public administration bodies and the units of the system; – the method of cooperation
of the units of the system; – data on the medical dispatch centre.
53 Informacja o wynikach kontroli. Funkcjonowanie systemu ratownictwa medycznego,
LWA.430.005.2020, reg. no. 176/2020/P/19/105/LWA, Najwyższa Izba Kontroli w Warszawie,
Warszawa 2020, p. 8.
123Civil Defence in Poland in Terms of Needs and Legal Regulations
organising, planning, coordinating and supervising the implementation of the tasks
of the State Medical Rescue did not create conditions for its ecient operation. Such
an assessment was inuenced by the irregularities found in the functioning of the Com-
mand Support System of the PRM and in the treatment of patients in hospital emer-
gency wards.54 Such a situation will have negative consequences for civil defence
and the population in case of disasters, calamities and during war.
The statutory competences of the individual services indicate that during natural dis-
asters the Fire Brigade would take over the overriding role, and during public disorder
the Police. In the event of war, the role overriding the other services would be assumed
by the Military Police, which in peacetime has a supporting role in public life. Its in-
volvement in solving social problems is decided by the highest government ocials.
The population must also be protected during a state of war, which is a category
of international law regulated, inter alia, by the Hague Convention.55 The security of
the population should also be ensured during a state of war, which is a state of emer-
gency categorised under domestic law regulations. In the event of the declaration of
a state of war56 between the Republic of Poland and an enemy country, the law of
war applies.57 Legal changes should result in the population being provided with civil
defence of the required standards, as well as the right to protection from the eects of
disasters of various kinds and from the dangers of warfare.58
For the safety of the population, tasks are also carried out by the rescue enti-
ties dened in the Law on Associations.59 Securing the needs of the population are
the tasks of the power, gas, water, sewage, heating and other municipal entities.60
The services and guards in their current state cannot cope with the tasks that will arise
during disasters and war. It is therefore important to rebuild the Civil Defence and to
dene the responsibility for protecting the population under conditions of danger, not
only of war, and especially a Civil Defence ready to support the actions of local public
authorities in situations of disasters and catastrophes.
54 The Supreme Audit Oce found in the audit that: – the problems that have existed for years
have not been eliminated: the shortage of emergency physicians, the burden on the ED of
patients whose life and health do not require emergency medicine intervention and the long
waiting times for ambulances; – the development of the Command Support System has been
entrusted to the Air Ambulance, an entity without experience in this regard.
55 Convention Concerning the Laws and Customs of War on Land, OJ 1927, no. 21, item 161.
56 Article 116, paragraph 2. of the Constitution of the Republic of Poland stipulates that “the Sejm
may adopt a resolution on the state of war only in the event of an armed attack on the territory
of the Republic of Poland or when international agreements imply an obligation of joint defence
against aggression.”
57 Prokop, K., Stan wojny a stan wojenny w Konstytucji RP, [in:] „Państwo i Prawo” 3, Warszawa
2003, pp. 23–34.
58 Kitler, W., Skrabacz, A., Bezpieczeństwo ludności cywilnej. Pojęcie, organizacja i zadania
w czasie pokoju, kryzysu i wojny, Wydawnictwo Wiedzy Obronnej, Warszawa 2010, p. 60.
59 Act of 7 April 1989. Law on Associations, Dz. U. (Journal of Laws) 1989, no. 20, item 104, as
amended. These include: Mountain Volunteer Rescue Service, Tatra Volunteer Rescue Service,
Water Volunteer Rescue Service and Volunteer Fire Brigades, Polish Scouting and Guiding
Association, Polish Red Cross, Polish Association of Short Riders, Search Volunteer Rescue
Service, as well as other associations, foundations and the voluntary sector.
60 Public utilities meet the collective needs of the population on an ongoing basis by producing or
providing services directed at the general public or a large collective of the population.
124 Eugeniusz Kołpaczyński
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125Civil Defence in Poland in Terms of Needs and Legal Regulations
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Summary
In the planned changes in the functioning of civil protection in Poland, it is necessary to
adopt solutions resulting from a new law regulating the functioning of civil defence in Poland.
It is reasonable to make appropriate use of the results and conclusions of scientic research,
and then to develop a comprehensive and systemic law on civil protection. The expected result
will be an increase in the safety of the population through the optimal use of universal new
structures for times of peace and war.
1. Experience and scientic output lead to the following conclusions and demands:
2. There is an urgent need to enact a Civil Protection Act appropriate to the threats
by redening the civil defence and civil protection system;
3. Civil Defence in Poland remains under the direction of the State Fire Service, which is
for various reasons not an optimal solution, but rather an attempt to combine civil protection
in peacetime with Civil Defence in wartime. The time of reconstruction of the socio-economic
system in Poland since 1990 has not been used to adapt OC to the new conditions. It is ne-
cessary to have a general understanding that Civil Defence is an activity within the scope
of the conventions and the capacities specied therein must be obtained.
3. It makes sense to separate the duties of the Head of National Civil Defence and the Chief
Fire Ocer of the State Fire Service but to maintain cooperation between these institutions in
the eld of civil protection and civil defence;
4. Safety regulations are scattered and clearly departmentally aligned, and do not facilitate
cooperation and collaboration between the various law enforcement, rescue and relief services.
The State Fire Service has been burdened with various tasks from technical rescue, chemical
rescue, water rescue, etc. – in fact, it has transformed itself into a state rescue service.
The current state of civil protection against real threats shows many short comings in
practical operation. This is mainly due to the lack of statutory regulations, the inconsistency of
the laws governing the competences of the various dispatch services, insucient and outdated
infrastructure and specialised management functionaries.
