Poland

ACT OF 25 JUNE 2010 ON SPORT

(Journal of Laws 2010 No. 127, item 857)

CHAPTER 1 - General Provisions

Article 1. Scope of the Act

The Act establishes principles for practising and organising sport.

Article 2. Definition of Sport

1. Sport encompasses all forms of physical activity which, through casual or organised participation, contribute to the development or improvement of physical and mental fitness, the development of social relations, or the achievement of sporting results at all levels.

1a. Competition based on intellectual activity aimed at achieving sporting outcomes is also considered sport.

2. Sport, together with physical education and movement rehabilitation, constitutes physical culture.

CHAPTER 2 - Sports Clubs and Sports Associations

Article 3. Sports Clubs

Sporting activity is conducted particularly through sports clubs, which operate as legal entities.

Article 4. Student Sports Clubs

1. A student sports club is a special type of sports club operating under the provisions of the Law on Associations, with the exception of provisions on registration.

2. Members of a student sports club may include students, parents and teachers.

3. Student sports clubs are subject to registration by the county administrator (starosta) competent for the club’s registered office, by way of administrative decision.

4. A student sports club acquires legal personality upon registration.

5. The minister responsible for physical culture shall determine, by regulation, the procedure for registration and the documents required for registration, taking into account the need to ensure proper supervision of student sports clubs.

Article 4a. Registration in the National Court Register

1. A student sports club or sports club operating as an association whose statutes do not provide for conducting business activity may apply for registration in the National Court Register.

2. Registration in the National Court Register requires a resolution adopted by the general meeting according to the procedure for amending statutes.

3. Upon registration in the National Court Register, the sports club is automatically removed from the registry kept by the county administrator.

4. Sports clubs registered in the National Court Register may conduct business activity in accordance with their statutes.

Article 5. Athlete Scholarships

Sports clubs may establish and finance periodic sports scholarships for athletes.

Article 6. Sports Associations

1. At least three sports clubs may establish a sports association.

2. Sports associations operate as associations or unions of associations.

CHAPTER 3 - Polish Sports Federation

Article 7. Establishment of a Polish Sports Federation

1. A Polish sports federation may be established to organise and conduct competition in a given sport.

2. The establishment of a Polish sports federation by a sports association requires the consent of the minister responsible for physical culture.

3. In matters not regulated by this Act, the provisions of the Law on Associations of 7 April 1989 apply to Polish sports federations.

Article 8. Membership in a Polish Sports Federation

1. Sports clubs, sports associations and other legal entities whose statutory objectives include conducting sporting activity in the relevant sport may become members of a Polish sports federation.

2. Sports clubs that are members of a Polish sports federation participate in sporting competition organised by that federation.

Article 9. Governance of a Polish Sports Federation

1. The term of office of the governing bodies of a Polish sports federation may not exceed four years.

2. The president of a Polish sports federation may serve a maximum of two consecutive terms.

3. Members of the governing bodies of a Polish sports federation may not:

   a) simultaneously hold positions in other governing bodies of the same federation;

   b) be employed by the federation or conduct business activity with the federation;

   c) be members of the governing bodies of sports clubs that are members of the federation;

   d) have been convicted of intentional crimes.

Article 10. Prohibition of Conflicts of Interest

Individuals or entities holding membership or shares in one sports club may not simultaneously hold such positions in another competing club participating in competition in the same sport organised by the same Polish sports federation.

Article 11. Procedure for Establishing a Federation

1. An application for consent to establish a Polish sports federation shall include:

   a) the statutes of the federation;

   b) a description of the sport;

   c) documentation confirming membership in the relevant international sports federation.

2. The minister responsible for physical culture may refuse consent if the requirements specified in this Act are not met.

Article 12. Registration in the National Court Register

A Polish sports federation must register with the National Court Register to acquire legal personality.

Article 12a. Obligation of International Affiliation

A Polish sports federation must maintain membership in the appropriate international sports federation recognised by the International Olympic Committee.

Article 12b. Loss of International Affiliation

A Polish sports federation that loses membership in the required international sports federation is transformed into a federation of associations.

Article 13. Exclusive Competences

A Polish sports federation has exclusive competence to:

a) organise and conduct national championships;

b) establish sports rules and regulations;

c) select and prepare national teams;

d) represent Polish sport at the international level in the relevant discipline.

Article 14. Athlete Image Rights

Upon selection to a national team, athletes grant the Polish sports federation exclusive rights to use their image for commercial purposes related to the national team.

Article 15. Professional Leagues

1. Professional leagues may be established in team sports to conduct professional competition.

2. When more than half of the clubs in the top division of a given sport are organised as corporations, the establishment of a professional league is mandatory.

CHAPTER 4 - Supervision of Polish Sports Federations

Article 16. Supervisory Authority

1. The minister responsible for physical culture exercises supervision over Polish sports federations.

2. Supervision does not extend to disciplinary decisions and decisions regarding the rules of sporting competition.

3. The minister may request documents and conduct inspections regarding compliance with law, statutes and regulations.

Articles 17-20 (Repealed)

Article 21. Approval of Statutes

1. The minister responsible for physical culture approves the statutes of Polish sports federations by administrative decision.

2. Approval may be refused if provisions of the statutes violate legal requirements.

3. The provisions of the Code of Administrative Procedure apply.

4. If no decision is issued within 30 days of submission, the statutes are deemed approved.

Article 22. Supervisory Measures

When the governing bodies of a Polish sports federation violate the law or regulations, the minister may:

a) issue a warning and demand corrective action;

b) revoke decisions that violate the law;

c) petition the registry court for intervention measures as specified in Article 23.

Article 23. Suspension or Dissolution

1. The court may suspend the governing bodies of a Polish sports federation or dissolve the federation if its activities demonstrate gross or persistent violations of the law.

2. When the governing bodies are suspended, the court appoints a curator to conduct new elections within six months.

3. The curator receives compensation from the federation’s budget.

CHAPTER 5 - National Olympic Movement

Article 24. Polish Olympic Committee

1. The Polish Olympic Committee is a union of associations comprising Polish sports federations and other legal entities connected to the Olympic movement.

2. The Polish Olympic Committee is a non-governmental organisation that independently determines and implements the objectives of the Olympic movement.

Article 25. Tasks and Powers of the Polish Olympic Committee

1. The Polish Olympic Committee cooperates with the minister responsible for physical culture in sports matters.

2. It provides opinions on draft legal acts within its scope of activity.

3. The Polish Olympic Committee has the exclusive right to use any sign or other designation consisting of the Olympic symbol and related Olympic terminology.

Article 26. Polish Paralympic Committee

1. The Polish Paralympic Committee, operating as an association or federation of associations, organises the national Paralympic movement for persons with disabilities.

2. It holds exclusive rights to Paralympic symbols and terminology.

3. The provisions of Articles 24 and 25 apply accordingly to the Polish Paralympic Committee.

CHAPTER 6 - Support for Sport by Public Authorities

Article 27. Obligation to Support Sport

1. Local government units create organisational conditions fostering the development of sport.

2. Legislative bodies of local government units may specify methods of financing sport through resolutions identifying public objectives in sport.

Article 28. Targeted Subsidies for Sports Clubs

1. Non-profit sports clubs operating in the territory of a local government unit may receive subsidies from the local budget.

2. These funds support:

   a) implementation of training programmes;

   b) purchase of sports equipment;

   c) organisation of sporting events and competitions;

   d) access to sports facilities;

   e) compensation of coaching staff.

Article 29. Central Government Financing of Sport

1. The minister responsible for physical culture may finance sporting activities and the promotion of sport.

2. Costs of medical care for members of national teams in Olympic, Paralympic and Deaf Games sports are covered from state budget resources.

Article 30. Sports Councils

1. Local government units may establish sports councils composed of representatives of sports organisations.

2. Sports councils provide opinions on:

   a) sport development strategies;

   b) budget allocations for sport;

   c) programmes for expanding sports facilities;

   d) related resolutions.

Article 31. Local Government Sports Stipends and Awards

1. Local governments may establish and finance periodic sports stipends.

2. Awards may be granted to athletes achieving outstanding results.

3. Trainers coaching athletes who achieve high results in international competitions may receive state-funded stipends.

Article 32. International Competition Stipends

1. The minister responsible for physical culture may award sports stipends for a period of up to 24 months to members of national teams who achieve specified results in international competitions.

2. The maximum stipend amount is 5.5 times the minimum wage.

Article 32a. Special Case Stipends

In particularly justified circumstances, special stipends may be granted to national team members for a period of up to 12 months, at a maximum of twice the minimum wage.

Article 32b. Youth National Team Stipends

Athletes aged 16-23 may receive special stipends for a period of up to 12 months, at a maximum of twice the minimum wage, in exceptional cases.

Article 32c. Athlete and Coach Stipends

Special stipends, at a maximum of twice the minimum wage for up to 12 months, may be awarded to athletes or coaches. Violations of anti-doping rules result in automatic revocation.

Article 33. Recognition of Employment Periods

1. Stipend recipients are classified as sports scholarship holders.

2. Stipend periods count toward employment history and social security benefits.

Article 34. Monetary Awards for Outstanding Achievements

1. The minister awards monetary prizes and distinctions for exceptional international sports accomplishments.

2. The maximum award is 35 times the minimum wage.

Article 35. Badges, Distinctions and Trainer Awards

1. The minister may grant badges, distinctions and monetary awards to trainers and others demonstrating exceptional contribution to sport.

2. The maximum monetary award is 8 times the minimum wage.

Article 36. Lifetime Benefits for Olympic and Paralympic Medallists

1. Polish representatives earning medals at Olympic Games, Paralympic Games or Deaf Games receive monthly benefits.

2. The benefit amount equals 1.8 times the civil service base salary.

3. Requirements include appropriate age and citizenship conditions.

CHAPTER 7 - Safety in Sport

Article 37. Medical Certification

1. Athletes participating in competition organised by a Polish sports federation are required to obtain medical certification.

2. The minister responsible for health, in coordination with the minister responsible for physical culture, specifies physician qualifications and examination frequency requirements.

Article 38. Mandatory Accident Insurance

1. Athletes competing in Polish sports federation competitions and national team members are required to maintain accident insurance.

2. This obligation rests with sports clubs that are members of the Polish sports federation.

Article 38a. Sport in Educational and Recreational Settings

Sports activities on fields, courts, tracks, ice rinks, outdoor gyms, skateparks, roller parks and pump tracks constitute common environmental use when conducted as school or recreational sports training.

Articles 39-40 (Repealed)

CHAPTER 8 - Professional Qualifications in Sport

Article 41. Trainers and Sports Instructors

1. Organised sporting activities in a sports association or sports club participating in competition organised by a Polish sports federation may be conducted exclusively by a trainer or sports instructor.

2. Requirements for becoming a trainer or sports instructor include:

   a) being at least 18 years old;

   b) possessing at least secondary education;

   c) having necessary knowledge, experience and skills for the role;

   d) no convictions for intentional crimes specified in the Criminal Code (with exceptions for Articles 192-193).

3. The duties of instructors extend beyond conducting classes to include conveying current theoretical and practical knowledge in the field of sports training and sporting competition.

Article 42 (Repealed)

CHAPTER 9 (Repealed)

(Former anti-doping provisions - Articles 43-45 repealed)

CHAPTER 10 - Criminal Provisions

Article 46. Criminal Liability for Sports Corruption

1. Anyone who, in connection with sporting events organised by a Polish sports federation, accepts financial or personal benefits, or demands or accepts a promise thereof, in exchange for unfair behaviour that may affect the course or outcome of competition, is subject to imprisonment from 6 months to 8 years.

2. The same penalty applies to anyone who offers or promises such benefits.

3. A lighter penalty (fine or restriction of liberty up to 2 years) applies in less serious cases.

4. Enhanced penalties (1-10 years imprisonment) apply when benefits of significant value are involved.

Article 47. Criminal Liability for Betting on Fixed Competitions

Anyone who, having knowledge of corruption under Article 46, participates in mutual betting on the affected competitions is subject to imprisonment from 3 months to 5 years.

Article 48. Criminal Liability for Match-Fixing Intermediation

Anyone who claims to have influence in sports organisations and offers to arrange predetermined competition outcomes for payment is subject to imprisonment from 6 months to 8 years, with lighter penalties for minor cases.

Article 49. Exemption from Liability

Perpetrators may avoid prosecution if they voluntarily report the offence to authorities and disclose all relevant circumstances before detection.

Article 49a. Disqualification Measures

1. Courts must impose bans from public positions upon conviction.

2. Courts may revoke public rights.

3. Repeat offenders receive lifetime bans.

Article 51-52. Misuse of Olympic and Paralympic Symbols

1. Unauthorised commercial use of Olympic or Paralympic symbols constitutes an offence.

2. Fines may reach up to 5,000 PLN, directed toward the Polish Olympic Committee or Polish Paralympic Committee respectively.

TRANSITIONAL AND FINAL PROVISIONS

Article 53-92 (Various transitional provisions regarding implementation)

Consolidated text available at ISAP Sejm