KG LEGAL \ INFO
BLOG

New provisions of the Polish Code of Civil Procedure and return of the child under the Hague Convention

Current legislation

The Convention on the Civil Aspects of International Child Abduction, signed at The Hague on 25 October 1980, known as the Hague Convention of 1980, is an international agreement of which Poland is a party. It was concluded in order to ensure the immediate return of children wrongfully abducted or detained in one of the States, which are parties to that agreement and to ensure the respect for custody and visitation rights specified by the legislation of those States. Pursuant to Article 5691 of the Code of Civil Procedure, the local jurisdiction for applications under the Hague Convention of 1980 is the regional court in the locality of the court of appeal with jurisdiction over the place of residence or stay of the child. The time limit for the court to give its decision is 6 weeks from the date of the application. Abduction of a child according to the Convention must be unlawful in order for an application to be brought successfully to the central authority of the State in which the child is present. This authority, according to the Convention, is competent to hear the application.

More

Poland records big demand for Ukrainian workers

Refugees from Ukraine are starting to enter Polish labor market, which is suffering from a labor deficit. Employment agencies speak of a real boom in their services. There is already a recorded interest of 60% higher level in work enquiries comparing to the same period last year.

The most wanted are construction workers, highly specialized workers, such as welders, locksmiths, carpenters, workers for the production and operation of machinery. There is also great demand in services, trade, tourism and gastronomy, transport, logistics, e-commerce and accounting. Demand is therefore similar to the year before, but the deficit increased. This is due to the fact that the Polish economy is recovering from the pandemic.

More

CROSS BORDER TRANSACTION IN DEFENCE SECTOR – FIGHTING JETS DEAL BETWEEN USA, POLAND AND UKRAINE

The EU has provided EUR 450 million (USD 503 million) for weapons, including air defence systems, anti-tank weapons, ammunition and other military equipment for the Ukrainian Armed Forces. A further EUR 50 million will be provided for fuel, bulletproof vests, helmets and first aid kits.

Since the EU Treaties do not allow the use of the EU budget for military purposes, the Community is introducing an instrument called the “European Peace Fund”, which allows the provision of military aid of up to EUR 5 billion.

The United States is also increasing its supplies and is providing an additional USD 350 million (EUR 313 million) in military aid, including Javelin anti-tank missiles, Stinger anti-aircraft missiles, small arms and ammunition.

FIGHTING JETS

More

KIELTYKA GLADKOWSKI KG LEGAL TAKES PART IN THE FUTURE OF BEAUTY FESTIVAL – WSJ THE FUTURE OF EVERYTHING

On 22 February 2022 KIELTYKA KG LEGAL will take place in the Future of Beauty Festival as a part of Wall Street Journal Festival of Everything. The participants of the event will learn about the latest innovations shaping the future of beauty, from cosmetic industry giants harnessing the power of data analytics and artificial intelligence, to wellness technologies prompting consumers to take a more expansive view of beauty that includes mindfulness, nutrition and lifestyle choices. The speakers will also focus on the impact of the pandemic on these trends. The speakers will include Katie Sturino, Founder, Megababe, The Future of Beauty; Ellie Austin, News Editor, Live Journalism, The Wall Street Journal; Sara Castellanos, News Editor, Live Journalism, The Wall Street Journal Future of Beauty

https://x.em.dowjones.com/ats/msg.aspx?sg1=d02ac9c19316bc7aef1ddaa731d7dd49

More

Postponement by one year of the entry into force in Poland of the rules on hidden dividends – important information for related entities

Hidden dividend – The Polish New Deal

Costs from related parties will not be allowed as tax costs. This will happen when these costs meet the statutory definition of the so-called “hidden dividend”. The Polish New Deal introduces so far unknown concept of “hidden dividend”. The act in art.16 sec. 1d indicates that certain costs constitute a “hidden dividend” if:

  • the amount or timing of those costs is in any way dependent on the taxpayer making a profit or on the amount of that profit; or
  • a prudent taxable person would not incur such costs or could incur lower costs in the case of comparable supplies performed by a person not connected, within the meaning of Article 11a(1)(3), with the taxable person, whereby in determining those costs the provisions of Articles 11c and 11d shall apply mutatis mutandis, or
  • these costs include remuneration for the right to use assets which were owned or co-owned by a partner (shareholder) or an entity related to a partner (shareholder) before the creation of the taxpayer.

The provisions being introduced aim to end the practice of extracting profits from companies. However, if an entity makes a gross profit and the costs associated with transactions with related parties do not exceed its value, the provisions will not apply.

Related parties

More

UP