Corruption is an actual threat to democracy as it impairs the citizens’ trust towards the state. Therefore, it is necessary to undertake any actions that would prevent it; actions that would promote the formation of ethical structure in all departments of administration, as well as would build an ethical awareness among local government employees and city councilors. Ethical behaviour is dependent on clear procedures, good regulations and their proper interpretation. The principal objective should be to increase the citizens’ trust towards (...) public administration and to improve administrative work. That is why one of the most obvious techniques (but not the only one) of raising ethical standards is to implement an adequate system of choice and selection of employees. In Poland, when the moral standard of a candidate for a post in public administration comes under close scrutiny, any doubts are quite often eliminated by the assumption that, if the candidate is patronized by a third party, its authority is a warrant of his or her adequate ethical standard. Of course, it’s a wrong point of view. The above-mentioned examples indicate that the rules of ethics should be introduced to public administration work because they guarantee that the quality of services will be good, they will neutralize corruption and, if followed, they will enable preparing public administration officers and local government representatives to assume responsibility for their actions. (shrink)

Local government is not free from dilemmas arising from ethical but illegal actions as well as legal, however, unethical ones. This breeds situations in which officials must decide whether to be loyal to the government authorities or citizens, whom they are obliged to serve. For instance, they must decide whether to accept the policy imposed by the district council making them change their clerical rules of conduct which, in their opinion, will be less favourably inclined to citizens. Consequently, they will (...) be obliged either to take or refrain from taking certain actions, which stems from the inner imperative. At the root of this dilemma frequently lies a discord between law and ethics. The choice to be made leads to a moral dilemma. What is associated with this matter indeed is the question of revealing the truth about unethical, illegal, immoral or unlawful behaviour in the government that occurs with the employer’s silent approval. The so-called whistleblowing is the means to achieve it. The process is based on informing people or organizations who have the power to influence actions of the criticized individuals or organizations. This creates situations in which officials can no longer take advantage of two values and are made to choose only one of them. (shrink)

Ownership, as a basic value of a legal state is the subject to special protection guaranteed by a basic law. However, in certain situations acting for the benefit of public interest is, according to a legislator, takes priority over private ownership. Thus, in cases when public interest is at stake limitation of ownership title to property can be permitted by regulations. Expropriation of private property for the sake of public good is the solution used for many years in Poland and (...) in other countries. Basic preconditions for expropriation are described in art. 21 section 2 of The Constitution of the Republic of Poland. Private ownership in art. 21 of Polish Constitution was defined in a very general context without defining the subject. Thus, all the ownership is the subject to state protection without specifying the principles of this protection, which are regulated by ordinary acts. Guaranteeing right to private ownership does not mean the right is inviolable. Constitution allows for property expropriation for the benefit of public purposes after a just compensation. However, it must be emphasized that regulations relating to the rules of property expropriation as a special form of depriving ownership right by means of authoritarian state act, which is the exception from general civil and legal principles of transferring ownership title, must be applied literally, excluding admissibility of extensive interpretation. Provisions of the constitution are defined in the regulations of the Real Estate Management Act from 21st August 1997. (shrink)

The fundamental rules which should be followed by Notary Public are: honesty, reliability, detachment and impartiality, as well as keeping the professional secret. As a crucial participant in creating and carrying into effect legal structures of free market, Notary Public performs public functions. Therefore, he or she is authorized to give an official character to declarations of persons being their clients. In view of the foregoing, the notary should secure such documents in trading abiding by the rules and regulations of (...) the governing law and ethics. With a view to a special role of the profession in question in economic trade, The National Notary Board passed a Notary Public Code of Professional Ethics, by virtue whereof a Notary shall with their attitude and actions give a good character to their profession and mind its dignity and honor. Any breach of the above – mentioned rules results in the Notary’s liability. Notary Public, as a person whose functions play a crucial role in legal trade and who is trusted by the parties, is responsible for correctness and precision of their activities. Their liability as clients’ confidant may result in civil, legal, disciplinary and tax liability. (shrink)