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Dr hab. Jacek Kosonoga
ORCID: 0000-0001-7348-944X

Dr hab. Jacek Kosonoga, prof. UŁa, holder of a postdoctoral degree in legal science, professor at Lazarski University in Warsaw; head of the Office for Studies and Analyses of the Supreme Court; author of c.a. 120 publications in the field of procedural and substantive criminal law. His scientific interests focus mainly on the issues of means of coercion, due-process-related guarantees and the law of evidence.

 
DOI: 10.33226/0032-6186.2021.11.5
JEL: K31

The study deals with the issue of penal reaction to violation of prohibition on entrusting an employed person with performing work in trade on Sundays and/or public holidays or performing activities related to trade in breach of that prohibition. Apart from the analysis of the statutory features of the criminal provisions in force in this respect, reference was made to the latest case law of the Supreme Court. The author shares and develops the opinion that the predominant activity, referred to in Article 6 sec. 1 point 6 of the Act on restriction of trade on Sundays and public holidays, constitutes an activity that covers the assortment indicated in this provision. The Author also supports the opinion that is the formal nature of the entry in the relevant register which designates such activities.

Keywords: ban on trade on Sundays and public holidays; entrusting work against the ban; pro-criminal protection of employees' rights