Conţinutul numărului revistei |
Articolul precedent |
Articolul urmator |
91 1 |
Ultima descărcare din IBN: 2024-02-05 10:34 |
Căutarea după subiecte similare conform CZU |
342.9 (1245) |
Drept administrativ (1226) |
SM ISO690:2012 ERHAN, Ianus, REABOI, Stanislav. Simplified procedure for finding and examination of contraventions – theoretical-practical aspects and application problems. In: Legea şi Viaţa, 2023, nr. 3(375), pp. 23-33. ISSN 2587-4365. DOI: https://doi.org/10.5281/zenodo.8388485 |
EXPORT metadate: Google Scholar Crossref CERIF DataCite Dublin Core |
Legea şi Viaţa | ||||||
Numărul 3(375) / 2023 / ISSN 2587-4365 /ISSNe 2587-4373 | ||||||
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DOI:https://doi.org/10.5281/zenodo.8388485 | ||||||
CZU: 342.9 | ||||||
Pag. 23-33 | ||||||
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Rezumat | ||||||
In order for the contraventional law to take effect, it is necessary to hold accountable the person who is guilty of committing the contravention, and actually, the detection and examination of the contravention or contraventions committed by a certain person is done within the contravention process. The contravention process in the simplified procedure consists of the same phases as the classic process, only with the difference that they are carried out/passed much faster due to certain distinct conditions and particularities, and the period from the reporting/finding of the illegal act to the completion of the contravention process it is very short. Here, the legislator determines different procedural documents, first of all, the minutes regarding the contravention by which the illegal act is individualized, the perpetrator is identified and a solution is adopted for each case. Another procedural act is the decision by which the flagrant contravention is examined, i.e. the contravention discovered at the time of its commission. In the same way, the decision resolves the offense examined based on the personal findings of the investigating agent. Regarding the contraventions found at the state border crossing points, if the person in respect of whom the contravention process was started recognizes the contravention committed and accepts the sanction in the form of a fine established by the ascertaining agent, he would draw up another procedural act, namely fine receipt. We can say that the mechanism for examining contraventions in the simplified procedure is a viable one that has demonstrated its efficiency and usefulness for all parties involved in the contravention process. At the same time, in practice there are certain deficiencies in the application of the given procedure, for which reasons the revision and adjustment of the provisions that determine this procedure are required. |
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Cuvinte-cheie contravention, contravention process, minutes regarding the contravention, flagrant contravention, contravention penalty, simplified procedure, contravenție, proces contravențional, proces-verbal cu privire la contravenție, contravenție flagrantă, sancțiune contravențională, procedură simplificată |
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