THE ADMINISTRATIVE LIABILITY UNDER ART. 24, PAR. 2 OF THE ADMINISTRATIVE VIOLATIONS AND SANCTIONS ACT
Abstract
The article examines the administrative penal liability of employees and managers of enterprises, institutions and organizations under article 24, par. 2 of Administrative Violations and Sanctions Act (AVSA). The general character of the responsibility and the relation between the institutes of the criminal and administrative law in connection with the application of art. 24, par. 2 of the law are discussed. The paper analyzes the preconditions of the responsibility under art. 24, par. 2, as well as admission and abetment as forms of responsibility of the heads of enterprises, institutions and organizations. It is concluded that the setting of additional requirements to the responsibility of the heads of organizations, as well as its direct connection with the guilty administrative violation by the respective employee, complicates the implementation of the administrative penalty and withdraws the administrative bodies from the application of article 24, par. 2 of the Administrative Violations and Sanctions Act.
References
Boichev, G. The Legal Liability. S.: Iurispres, 2003.
Buchkova, V. The Parties Concerned under the Administrative Procedure Code. S.: Sibi, 2015.
Buchkova, V. Claim Proceedings for damages from illegal administrative activity. S.: BAS, 2020
Buchkova, V. The New Moments in the Administrative Penal Liability under the Administrative Violations and Sanctions Act. – Administrative Justice Journal, 4, 2021.
Buchkova, V. The Normative Administrative Act. A.: Ekobelan, 2005.
Valkadinova V, Goranova I, Ilkova R, and Mitreva P. Administrative Penal Law. A Handbook. 2015, available at http://vssold.justice.bg/bg/e-guide/Topic04_AdminLaw.pdf.
Dimitrov, D. Administrative Law. General Part. Eighth edition. S.: Siela. 2006
Iliev, I. Administrative Law. S.: Publishing House „Zhazhda” 1995.
Lazarov, K. Administrative Law. S.: Feneia, 2009.
Saharov, K. Analysis of Changes and Amendments in Legal Regulations concerning Administrative Penalty of Legal Persons and Merchants-Natural Persons. – Pravna Missal, 2007, 2, p. 63 - 76
Sivkov, T. The Administrative Penalty. Substantive and Procedural Issues. S.: Sofi-R, 1998.
Stoev, S. Scientific and Practical Commentary to the Administrative Violations and Sanctions Act. S .: Nauka i izkustvo, 1975.
Stoinov, Al. Criminal Law. General part. S.: Siela, 2013.
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