THE LEGAL NATURE OF THE CONTRAVENTION AND ITS INFLUENCE ON THE NULLITY OF THE RECORD OF FINDING THE CONTRAVENTION
THE LEGAL NATURE OF THE CONTRAVENTION AND ITS INFLUENCE ON THE NULLITY OF THE RECORD OF FINDING THE CONTRAVENTION

Summary/Abstract: In the current system of Romanian law, as in other European countries, the contravention was removed from the scope of criminal law, which is subject to an administrative regime, the option of the Romanian legislator being, obviously, to give it an independent character. Although it enjoys its own regulation, the contravention is still marked by the influences of the old regulations, in which it was assimilated to criminal matters, and the current normative framework is supplemented with the imperatives of the Civil Code, the Criminal Code, but also those of the Code of Civil Procedure. Thus, located at the border of several branches of law, a state of ambiguity was created, which was reflected in a nonunitary application of the law by the courts. In judicial practice, when the nullity of the record of finding and sanctioning the contravention was invoked, the solutions given were divergent, not only regarding the nature of the nullity that operates, but also regarding the imperative of showing an injury that can only be removed by annulment of the act. Consequently, the present study aims to analyze the conditions in which the record of finding the contravention is sanctioned with the nullity and influence of other branches of law on them, as well as the difference between the annulment of an administrative act that harms a right or a legitimate interest of the person and the nullity of the legal act concluded with the non-observance of the legal conditions provided for his validity.

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