Resolution to impose an administrative fine as executive document

Vigintas Visinskis, Egidija Stauskiene

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    Abstract

    Administrative responsibility is characterized by the fact that it is a very important legal instrument to fight not only administrative, but also for other offenses. Especially important preventive role of administrative responsibility. It is important that the application of administrative responsibility is not to punish only the guilty person, and any other discipline, to say that it is necessary to comply with the law, to ensure that the requirements would be enforced. One of the most widely applicable to administrative penalties is administrative fine. Therefore, the implementation of sanctions is very important to the whole administrative justice to function effectively. An administrative penalty, as one of the administrative penalties, enforcement is a feature that forced her recovery goes beyond the boundaries of administrative justice and civil proceedings are in scope. Therefore, the recovery of administrative penalties is governed by several branches of law, and because there are some theoretical and practical problems. This article explores the forced recovery of administrative fines in the problem.
    Administrative penalties forced the recovery process begins with the decision of an administrative penalty of recovery transferred to the bailiff. A requirement for the resolution of administrative penalty as an enforceable title, and the transfer of decision comes into forced recovery procedure the Administrative Violations Code. However, enforcement document, making the conditions for recovery and a forced regime regulated by the Civil Procedure Code (hereafter - CCP). Therefore, more attention is paid to the regulation of CAO set the resolution to impose an administrative fine, as the executive regulation of this document and the relationship with the CCP provisions posed by non-judicial documents issued by the executive, as well as the Code of Civil Procedure Execution rules whose application is causing problems forced the recovery of administrative penalties.
    Original languageEnglish
    Pages (from-to)276-284
    JournalVisuomenės saugumas ir viešoji tvarka: mokslinių straipsnių rinkinys
    Issue number4
    Publication statusPublished - 2010

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    Keywords

    • Administrative procedure
    • Civil procedure
    • Administrative responsibility
    • Administrative sanction

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