A determination of amounts of administrative monetary penalties and criminal sanctions resulting from a lack of fulfilment of some of registration obligations imposed on an owner of a vehicle is a ...practical problem related to the activity of the authorities keeping the vehicle register. Particular doubts are raised not by a necessity to impose a penalty, but by its amount, as well as by a possibility of waiving the penalty. Further doubts are raised by a possibility of applying a criminal liability to entities that have not fulfilled with their obligations. In the present study, the authors, using a dogmatic and legal method, analyse circumstances affecting the amount of the penalty, the possibility of abrogating the penalty, as well as the potential possibility of applying criminal liability.
The Act on Public Roads introduces certain financial instruments to improve the use of a road infrastructure. One of such possibilities is an introduction of a paid parking zone. Jurisprudence and ...judicature have developed rules regarding a collection of an additional fee for parking. In practice, however, a situation may arise that the additional fee should be borne by the deceased. Therefore, there is a problem related to the succession of the additional fee.
Opłata od posiadania psów nie ma kluczowego znaczenia dla funkcjonowania jednostek samorządu terytorialnego. Opłata ma charakter ogólny i taki charakter opłaty nie jest podważany. Można jednak ...zastanowić się nad zmianą charakteru tej opłaty, przy pomocy prostych zabiegów legislacyjnych. Takie działanie mogłoby spowodować łatwiejsze rozwiązywanie podstawowych kwestii finansowych społeczności lokalnej. Aktualnie nie jest prowadzona dyskusja co do celu przeznaczenia opłat lokalnych i sposobów ich wydatkowania.
The funds earmarked for the implementation of programmes financed with European funds are refunded on the basis of the conditions set out in Article 207(1) of the Act on Public Finance and the Code ...of Administrative Procedure. The refund decision is of a binding nature and is a consequence of the proper conduct of the investigation procedure. This is not an administrative sanction. However, the refund is always linked to economic problems, which means that the authority is obliged to carry out the investigation correctly.
The amendment to the Act on Road Traffic Law introduced a new legal institution related to failure to register a vehicle consisting of an administrative fine in the amount of PLN 200 to 1,000. The ...penalty is imposed by means of an administrative decision issued by a competent starost. With the introduction of the above-mentioned institution in legal circulation, new problems will arise in connection with conducting administrative proceedings to impose a penalty, as well as determining its amount. In addition, a starost, as a creditor, is obliged to initiate enforcement proceedings in the absence of voluntary execution of the decision imposing the penalty. The established body aims to ensure the implementation of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles, concerning, i.a., the absence of sanctions for not registering an imported vehicle and not registering an end-of-life vehicle. The following article discusses the main problems related to the application of the institution introduced with regard to the administrative procedure, the nature of the penalty imposed, as well as its enforcement. The considerations were carried out on the basis of a dogmatic method.
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