The legal assessment concerns the Government’s draft bill on granting public aid for rescuing or restructuring entrepreneurs (Sejm Paper No. 300). The proposed provisions indicate the source of financing of public aid for rescuing or restructuring entrepreneurs and establish a new entity granting the aid, as well as specify the conditions, rules and procedure for granting it. The draft provides for granting the following public aid to entrepreneurs: rescue aid (urgent and temporary aid), temporary restructuring support (for a period longer than in the case of rescue aid, as its continuation or as an independent instrument) or restructuring aid (aid for removing the causes of difficulties within a long-term plan). The legal instruments provided for in the project will apply not only during the period of economic disturbances caused by COVID-19, although the project explicitly mentions also this situation.
The study focuses on the issue of legal effects of regulations. It indicates the legal context of the proposed solutions and signals possi-ble legal problems related to the introduction of the proposed regulations into the legal system. The study points out, inter alia, that the current Article 114 § 1 of the Act of 25 February 1964 — Family and Guardianship Code — assuming one of the possible inter-pretations of the notion of a ‘child’ — may be inconsistent with the proposed Article 72(2a) of the Fundamental Law to the extent to which it excludes the admissibility of adoption of a woman who at the time of filing an application for adoption was under 18 years of age, but became of age through marriage.