Problems of forced execution of resolution to impose fine in the republic of Lithuania

Egidija Stauskiene, Vigintas Visinskis

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    Abstract

    Legal state is coherent with legal order observance security in the state. While seeking to prevent illegal acts not always is purposeful to criminalize some actions and recognize it as crimes and impose criminal sanctions. Commitment of some law violations can be prevented with different measures, unrelated with imposition of criminal sanctions, also with administrative sanctions. The insecurity of administrative law violations and criminal actions is different, differs consequences of subjection to administrative and criminal responsibility. Different legal consequences are caused by penalties and administrative sanctions noncompliance. For this reason the legal position of person who is subjected to administrative responsibility cannot be worse for person, who is convicted in criminal case. Administrative penalty is the measure of responsibility which is imposed for administrative law violation committed person’s punishment and seeking to educate that they would follow legal acts, would respect common life rules; also for the prevention of further violations. Very important preventive and educative function of administrative responsibility imposed to minors. Considering to social, psychological peculiarities of minor personality there is limited number of administrative violations for which 14-16 years aged minors can be subjected to administrative responsibility and set general administrative responsibilities peculiarities (limitation of penalties imposed to a child, kinds of penalties and their amount).
    This article analysis forced administrative fine‘s recovery problems, related with fine‘s recovery from minor administrative violators and administrative fine forced execution limits application; also discussed legal importance of prompt‘s to execute resolution for administrative fine‘s imposition in goodwill. Forced administrative fines recovery process begins with the transmission of administrative fine recovery resolution to bailiff and his acceptance to execute it. The requirements for administrative fine imposition resolution‘s content and form, resolutions adoption and general administrative fine imposition resolution‘s executions order are regulated by ATPK. But resolution to impose an administrative fine (executive document) is implemented by force according to the IV chapter rules of the Civil Code of the Republic of Lithuania (further in text CPK). Persons subjected to administrative responsibility can apply procedural and other guarantees fixed in ATPK, CPK and other legal acts. So this article analyses questions which arise in practice while implementing ATPK and CPK provisions in solving legal regulating gaps filling questions.
    Original languageEnglish
    Pages (from-to)202-215
    JournalVisuomenės saugumas ir viešoji tvarka: mokslinių straipsnių rinkinys
    Volume4
    Publication statusPublished - 2010

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    Keywords

    • Administrative responsibility
    • Resolution
    • Fine
    • Enforcement procedure

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