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Assessing the state's ability to respond to modern threats in the context of existing legal regulations in the situation of conducting a small-scale defense operation
 
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, Polska
 
 
Submission date: 2025-06-10
 
 
Acceptance date: 2025-06-27
 
 
Publication date: 2025-07-08
 
 
Corresponding author
Dariusz Łukowski   

Szef BBN, Biuro Bezpieczeństwa Narodowego, Polska
 
 
Bezpieczeństwo Narodowe 2025;46(1):219-263
 
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ABSTRACT
Summary: The dynamically changing security situation in Poland's environment necessitates a review of the current defense system in terms of the competences of decision-making centers, relations between them, and the management of available resources in order to ensure an adequate response to emerging threats. The nature of these threats differs from their previous understanding such as “external threats” and “direct threat of war.” An analysis of Russian Federation`s documents (doctrines) shows that they attach great importance to so-called cognitive warfare and hybrid activities (below the threshold of war). Cognitive warfare, conducted on a permanent basis, combines psychological warfare with information and propaganda warfare in order to shape people's views on politics, history, the economy, and the military. This leads to a distorted perception of reality, a decrease in vigilance, the adoption (at least partial) of the position of an adversary, and a lack of will to take appropriate (albeit sometimes costly) action, which ultimately benefits the opponent. In combination with hybrid operations, cognitive warfare contributes to the disintegration of society, fuels internal conflicts, weakens state structures and decision-making processes, antagonizes states and nations, and undermines public trust in state institutions, those in power, international organizations, collective agreements, and mutual guarantees. This raises the question of whether the current legal framework allows for an adequate response to emerging threats. The article presents simulations of a situation in which limited military operations by an identified enemy, preceded by cognitive actions, do not allow for an adequate (primarily rapid) response due to legal and formal constraints on decision-makers in the decision-making process, which are generally known as they result from common law. Purpose and research methods: The article presents simulations of a situation in which limited military operations by an identified enemy, preceded by cognitive actions, do not allow for an adequate (primarily rapid) response due to legal and formal constraints on decision-makers in the decision-making process, which are generally known as they result from common law. Research method: comparative analysis Conclusions / recommendations: The results of the simulation lead to the conclusion that it is necessary to develop new legal regulations allowing for the linking and detailing of certain solutions in force, inter alia, in the Act of March 11, 2022, on the defense of Homeland. The amendments should eliminate identified ambiguities and legal gaps in the areas of competence of public authorities and military bodies.
eISSN:2956-8536
ISSN:1896-4923
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