Švelnesnė nei sankcijoje numatyta administracinė nuobauda: teisinio reguliavimo ir taikymo ypatumai
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Implementing constitutional principle of justice, The Code Of Administrative Violations of Law of Lithuania (article 301) sets that the body/officor, hearing a case of administrative offence, has the right to apply administrative penalty, that is less severe than the one, set by the law, or to apply no administrative penalty, taken into account in circumstances, set by this Code's article 30 part 2, attenuating circumstance (set by this Code's article 31 and those, that are not set by laws), and following the criteria of justice and reasonableness. The rules of applying less severe administrative penalty are set not only by the Code, but are formulated in the case-law too. Decisions to aplly administrative penalties, that are less severe than the ones, set by the law, can be based only on a special case, complex of unusual, extraordinary factual circumstances, that may inetrpreted as judging in the favour of offender, significantly mitigating his responsibility. The most important factors are special features, unusual character of such circumstances and whether administrative penalties follow the principles of justice, reasonableness and good faith. Overviewed case law of Supreme Administrative Court of Lithuania indicates that its practise applying article 301 is consistent. There is a need of a wider research in order to make similar conclusions about the decisions of Lithuania's district courts, however, it may be stated, that basically they comply with the case-law.
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