Zastosowanie przepisów ogólnych dotyczących administracyjnych kar pieniężnych w sprawach wymierzania kar za zajęcie pasa drogowego
The application of general provisions on administrative monetary penalties in the matters of imposing penalties for occupation of the road lane

Summary/Abstract: On 1 June 2017, the general provisions concerning imposing and administering administrative monetary penalties or granting relief in its execution, entered into force. As a result of conducted research, it has been determined, that these provisions, although to a limited extent, are also applicable in cases involving monetary penalties for occupancy of the road lane administered in accordance with the provisions of the Act of 21 March, 1985. on Public Roads. There are three premises in the group of these provisions, which allow a discharge of liability for this administrative tort: force majeure, events that result in a renouncement of inflicting a punishment and limitation for administrative tort. Furthermore, in such cases applicable are general provisions relating to such matters as: granting relief in its execution monetary penalty, as well as provision permitting the application of the more lenient law to a party.

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