September 25, 2021

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Guizdovsky Column.  Reinvestment: expropriation instead of tax

Guizdovsky Column. Reinvestment: expropriation instead of tax

After the war, the Polish communists simply took their property, rather than taxing it. And ready. On the basis of the decree of the Polish Committee for National Liberation of September 1944 on the implementation of agrarian reform – real estate was taken from “landlords”, including apartment houses – which, by the way, was a violation of this decree.

Based on the October 1945 National Council Decree on Ownership and Use of Lands in the Capital of Warsaw – called the Beirut Decree – the remaining Warsaw lands and houses were taken from “dwellings”.

On the basis of the January 1946 law on the appropriation of the essential branches of the national economy of the state, companies were expropriated from the “industrial bourgeoisie”. It turned out very quickly that all branches of the national economy in the communist state were “essential”.

After 1989, the anti-communists did not re-privatize, but began to privatize. The Republic of Poland began to act like a fence from the People’s Republic of Poland and sold what was previously stolen. It is not without reason that the anti-communists, who approved the constitution in 1997 with the post-communists, wrote in it about “the application of principles of social justice.” No one knows what it is exactly, but in some way it distinguished the Communists, who constantly referred to it when they took people’s property.

They were strongly supported by the Supreme Court, which decided in the famous case of the dispute over the name “Warszawskie Zakłady Cukierniczych im. July 22, E. The “spirit” of those times. It is true that the communists seized E. Fidel’s property, not her name, but only because they did not believe that it had be useful someday. So it must be admitted that they are nationalized after all. In this effort to implement principles of social justice, the Supreme Court has gone so far as to admit that the name may be subject to legal dealings. An application for suspension of the final judgment was considered on the same day the receipt of Request from the Ministry of Justice.

Social justice was also applied to tenants in Warsaw.

Yes – for the sake of fairness (without the adjective), it must be admitted that without the Beirut Decree, there would be no rebuilding of Warsaw. It will be difficult for the “whole nation”, which – according to the slogan of that time – “built its capital”, to build houses for the pre-war owners, who, by the way, do not know what happened with them. Warsaw will not be the capital. Real estate in Warsaw will certainly not have the value it has today. Where is San Francisco in Warsaw today, maybe “there will be a little stubble”.

Action is required to pay compensation. But no such law has been enacted. Because that would be against a sense of social justice. In 1991, however, she began bringing back some of her former landlords. However, it is not known by standards. These criteria must have raised some doubts, because once some properties were returned, others stopped coming back all of a sudden. There were numerous administrative hurdles that did not exist before – although the law has not changed. Then the “claims” trade developed.

Previous owners or their heirs, who were not returned to the property due to these impediments, sold their “claims” for reimbursement. Of course, at a fraction of the current value of these characteristics. For them, it was more than nothing. Many stood over the tomb. After its sale, the officials were able to overcome various obstacles that had accumulated over the years, and although the law remained unchanged, they began to return the property to “claim buyers”. When they could not return in kind, they paid compensation according to the present value of the property, and not according to the value of 1945. Although this present value was due to the fact that Warsaw was first rebuilt with the money of all taxpayers from all over Poland, and then expanded with the money of all Taxpayers in Warsaw.

But the buyers of the allegations quarreled with each other, one of them began to tell journalists about the other, who finally began to describe what was happening. Unfortunately for them, the pin from one of these “grenades” was torn in labor, in addition, instead of a well, it rolled into a massively filled septic tank and exploded. Re-privatization has been halted again.

The party, whose name bears something about justice, announced the law on re-privatization. The Re-privatization Law was not passed, but an amendment to the Administrative Procedures Law was passed. Now you cannot return anything to anyone. Mainly for the pre-war owners and their heirs who didn’t sell their claims, but tried to go after them over the years. Such punishment befell them. They did not want to be content with what was offered to them and let the buyers earn, so now they would not get anything. After all, if communism had not collapsed, they would not have received anything either. A special kind of social justice has been achieved – “historical justice”. Since the laws of communist times must be interpreted according to the spirit of those times, then – logically – new laws relating to those times must also be written in accordance with that spirit.

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The third category of affected are the “landowners” and various “kulaks”. Not only farms were dispossessed of them, which were divided for the needs of agrarian reform, but also houses that were not used for agricultural production, but for housing. As well as those that were not shortcomings or major shortcomings. Such small, cottage-like homes by “buyers of claims” and real estate developers. They sold their claims less frequently. They were more attached to their homeland than the inhabitants of Warsaw. But it was the state that decided that the actions they had been doing with this country for years should simply stop. And ready.

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