Административни актове на полицейски органи по Закона за МВР - усложнени хипотези в административното, наказателното и гражданското право
Administrative Acts of Police Authorities Under the Ministry of Interior Act - Complex Hypotheses in Administrative, Criminal and Civil Law

Author(s): Darina Zinovieva
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: administrative act; Ministry of Interior Act; warning protocol; administrative act; criminal law; civil law
Summary/Abstract: The Ministry of Interior provides administrative acts in Chapter Five, which are intended in view of the general prevention of the state from committing crimes. In the cases of issuing a warning protocol under Article 65 of the LMI, however, there is ambiguity about the manner and procedure of its contestation. The issuance of an administrative act is mixed with a warning act and complicates law enforcement. The article analyzes their legal nature, practice and jurisprudence. It is concluded that the rights of citizens, protected by our Constitution and the ECHR, point to a gap in our legislation that needs to be overcome. Specific such proposals are presented.

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