Особености на административно-наказателните производства
Characteristics of Administrative Penal Proceedings

Author(s): Teodora Georgieva
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: administrative penal proceedings; authority; administrative violations and sanctions act; statement of establishment of the administrative violation
Summary/Abstract: Administrative penal proceedings should be understood on the one hand as proceedings for the establishment of an administrative violation and sanction and, on the other hand, administrative penal proceedings before a court. Administrative penal proceedings shall be initiated ex officio by persons who are hierarchically dependent on the administrative sanctioning authority and who exercise a function of control of a legally defined activity by virtue of the law or by authority of a superior. The procedure for drawing up a statement of establishment of the administrative violation and the persons who may draw up such statement are regulated by the Administrative Violations and Sanctions Act. In the long term, it would be necessary to distinguish legislatively the administrative violations that are ascertained and sanctioned by the authorities of the Ministry of Internal Affairs from the "pure" administrative violations that are ascertained by an administrative act and appealed to an administrative court.

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