Zasady nakładania kary administracyjnej i udzielania ulg w jej wykonaniu według projektu nowelizacji Kodeksu postępowania administracyjnego
Rules of Imposing an Administrative Penalty and Granting Relieves from its Execution According to the Draft Law on Amendments to the Code of Administrative Procedure

Summary/Abstract: One of the legislative proposals provided by the draft law of 4 July 2016 on amendments to the Act - Code of Administrative Procedure and other laws, which is a part ofthe package “100 changes for companies – a package of facilities for the entrepreneurs” prepared by the Ministry of Development, is to add a new section IV A to the content ofthe Code entitled “The rules of imposing an administrative penalty and granting relievesfrom its execution”. The article is an attempt to assess that part of the draft. The initiativeto implement solutions aimed at the protection of the addressee of a decision from an excessiveand unjustified punishment as well as to provide public administration authoritieswith the competence to take into account the degree of the offender’s contribution to theviolation of law, his/her financial situation and other circumstances affecting the mitigation of punishment or even exclusion of criminal punishment deserves general approval.The Author presents comments and objections concerning, inter alia, the place of publicationof the proposed provisions, the definition of an administrative penalty and legislativetechnique which indicate that the implementation of the proposed solutions require furtherreflection and essential adjustments.

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