Administracinio nurodymo institutas: taikymo ypatumai ir problemos

Download
Author
Mikalauskaitė -Šostakienė, Kristina
Zykevičius, Audrius
Metadata
Show full item recordAbstract
The institute of administrative order is applicable in many states when less dangerous
administrative violations are made. Until January 1, 2011, all administrative legal offences regadless of their gravity degree were investigate according a common procedure in Lithuania. Only after the
alterations of the Code of Administrative Violations, adopted in November, 18, 2010, came into force
and the institute of administrative order was established, the possibility to avoid the long process of
investigation and examination in cases when less dangerous violations are made appeared. As a
consequence of adoption of this institute, the workload of the courts and other institutions, authorized
to investigate and examine administrative violations, was reduced; the costs are saved due to the
shortage of the administrative violation case procedures. The essence of administrative order is that it
is offered for the person within ten working days from the date the protocol of administrative violation
is presented (in cases when the violation is recorded not in the presence of the person suspected in
performance of administrative violation - from the date the administrative protocol together with the
administrative order are sent) to pay half of the minimal fine (but not less than ten litas), established in
one of the articles foreseeing liability for administrative violations in Chapter II of the Code, on
voluantary basis. Administrative order may be issued not in all cases, only when all conditions applied
to issuance of administrative order are satisfied. Anyhow, when applying this institute in practise a
few problems arose: not all subject having competence to apply administrative order are capable to
properly identify the monetary amount of administrative order in specific cases, when the sanction of
article of the Code, where a particular violation is described, does not foresee minimal fine; it is not
clear if a person who violated specific article and paid the fine indicated in the administrative order, is
presumed as being punished by administrative liabilty; is it possible to apply administrative order in
cases when a specific sanction of the article of the Code foresee the only sanction - the warning; is it
possible to apply administrative order in cases when the alternative penalty foreseen in the particular
santion is not only a fine or warning; by what means the subject issuing administrative order may
receive the information about previous punishments of the person, and the information whether the
person has paid the fine prescribed by the administrative order. All those problematic issues are
discussed in the article. It is analyzed whether the aims of the legislative subjects and initiators of this
norm where reached in practice. The authors of the article present proposals for improvement of legal
regulation and solution of the above-mentioned problems.
Collections
- Straipsniai / Articles [5497]