Clients who are subjects of compulsory administrative measures are increasingly coming to the law firm. Although by their nature they are not a sanction for misconduct or misconduct, they significantly affect the their rights.
As a highly recognisable example, those under the Road Traffic Act, CHAPTER 6 "FORCED ADMINISTRATIVE MEASURES"
- suspension of the driving licence;
- temporary suspension of a road vehicle;
- suspension of the registration of a road vehicle;
- detention in custody until the ownership is established;
- confiscation of the driving licence;
- removal of a parked road vehicle;
- temporarily preventing the continued movement of a road vehicle.
The concept is laid down in Article 22 of the CPC.
They are not a sanction, but are imposed to prevent or stop administrative offences, as well as to prevent or eliminate their harmful consequences.
By their very nature, they constitute state coercion and may be such as prescribe conduct or prescribe abstention from certain acts, but in both cases they restrict the legal sphere of the addressee.
It is based on explicit legal norms that provide the basis, subjects and objects /against whom and by whom/, the measures to be taken to influence and the order of implementation.
Coercive administrative measures are contained in the laws regulating the various branches of social relations.
As a recognizable example - those under the Law on Road Traffic, CHAPTER 6 "FORCED ADMINISTRATIVE MEASURES" - temporary withdrawal of the driving licence of a motor vehicle, temporary stopping of a motor vehicle from driving, suspension of the registration of a motor vehicle, detention in custody until the ownership is established, seizure of the driving licence, relocation of a parked motor vehicle, temporary prevention of the continued movement of a motor vehicle.
TYPES OF COMPULSORY ADMINISTRATIVE MEASURES
Preventive, injunctive and restorative measures of administrative coercion respectively:
- measures aimed at preventing administrative and other offences-preventive administrative measures;
-measures intended to stop the continuation of offences which have begun - dissuasive administrative measures;
- measures aimed at remedying the harmful consequences of offences already committed, at restoring the factual and legal situation unlawfully altered by the offence - restorative administrative measures.
The grounds for the application of a preventive administrative measure shall be a concrete, unquestionable, manifest, real and imminent danger of committing an offence, which is a matter of assessment and determination in each individual case. The burden of proving it rests on the administrative authority which applied the coercive measure.
The aim is to preserve the legal order and public order and to ensure that all citizens, officials and organisations comply with the obligations laid down by law.
It is permissible to combine the application of a coercive measure with the imposition of an administrative penalty and this is a common situation because a coercive administrative measure is not a penalty.
Coercive administrative measures are not measures of legal liability.
A coercive administrative measure is not an administrative penalty and its application is not an exercise of administrative criminal liability.
The grounds for applying compulsory administrative measures and for imposing administrative penalties, the types of measures and penalties are different.
The ground for imposing an administrative penalty is the commission of an administrative offence, and Coercive Administrative Measures are applied not only in relation to administrative offences, but also in relation to criminal offences, civil offences, other anti-social acts, that even to prevent or eliminate the harmful consequences of events.
A coercive administrative measure is by its legal nature an individual administrative act.
LEGALITY OF COMPULSORY ADMINISTRATIVE MEASURES
The imposition of compulsory administrative measures is by its nature an administrative activity and as such is carried out on the basis of and in implementation of the law. Administrative coercion is based on the law and is applied in strict compliance with it. A coercive administrative measure may be applied only by an individual administrative act. The requirements for the legality of compulsory administrative measures are therefore requirements for the legality of the individual administrative acts by which those measures are implemented.
To be lawful, an individual administrative act must:
it must be issued by a competent authority - in terms of subject matter, place, degree
in the prescribed form;
in the absence of a material breach of the rules of administrative procedure;
be lawful in substance, i.e. comply with the substantive provisions;
it was adopted in accordance with the purpose of the law.
The procedure is laid down in the Code of Civil Procedure, and where special provisions are contained in another law or decree, they must also be complied with, and in the event of a conflict between the general and special procedural provisions, the special provisions shall apply.
Appeals are administrative and judicial.
In order for your rights to be fully protected, you can contact our law firm, where you will receive expert help, advice and assistance from an attorney knowledgeable in administrative law and process and achieve the most positive outcome possible.