The law on confiscation of material evidences and means used to commit administrative violations - Inadequacies and proposals for improvement

Abstract

According to the 2012 Law on handling administrative violations, confiscation of material evidences and means used to commit administrative violations means the requisition of things, money, goods and/or means directly involved in administrative violations for the State budget, which is applied to serious administrative violations committed by individuals or organizations with the intentional fault. The paper offers an analysis of the inadequacies of the law on this form of sanction such as: conditions for applying the sanction are unclear; the determination of the nature and extent of danger to society of acts of violation to which the sanction is applied remains unconvincing; the right to explain of subjects to whom the sanction is applied has not been prescribed; etc. On that basis, the paper proposes corresponding solutions to improve the law in this regard such as: eliminating the required condition of fault when applying confiscation of material evidences and means used to commit administrative violations; recognising the right to explain cases of subjects to whom confiscation of material evidences and means used to commit administrative violations is applied; etc.