COMPULSORY ADMINISTRATIVE ACTIONS IMPLEMENTED UNDER THE EMERGENCY EPIDEMIOLOGICAL SITUATION

Margarita Cheshmedzhieva; Antoniya Metodieva

doi:10.31435/rsglobal_ijitss/30092024/8225

Margarita Cheshmedzhieva Associate Professor, PhD, Department of Public Law Sciences, Faculty of Law and History, South-West University "Neofit Rilski" Blagoevgrad, Bulgaria
Antoniya Metodieva PhD, Department of Public Law Sciences, Faculty of Law and History, South-West University "Neofit Rilski" Blagoevgrad, Bulgaria

DOI: https://doi.org/10.31435/rsglobal_ijitss/30092024/8225

Keywords: Administrative Coercion, Compulsory Administrative Actions, Epidemiological Situation

Abstract

The Article considers the role and meaning of implemented compulsory administrative actions under the emergency epidemiological situation, includes an analysis of legal changes in articles in the law of health about implemented compulsory administrative actions in the whole country or some regions.

References

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Health Act, In force from 01.01.2005, Prom. SG. issue 70 of August 10, 2004, amended and supplemented SG. issue 32 of April 26, 2022.

Law on Measures and Actions During the State of Emergency, Declared by a Decision of the National Assembly from March 13, 2020, and for Overcoming the Consequences (title amended - SG, issue 44 of 2020, in force from 14.05.2020), In force from 13.03.2020, Prom. SG. issue 28 of March 24, 2020, amended SG. issue 77 of September 16, 2021.

In Decision No. 54 on administrative case No. 917 of 2020 in the records of the Administrative Court – Blagoevgrad, it is accepted that the prescription is an administrative act but is not defined as a coercive administrative measure. With Decision No. 2064 on administrative case No. 686/21 in the records of the Administrative Court – Blagoevgrad, a prescription for quarantine was declared null and void. In this regard is also Decision No. 2065 on administrative case No. 688 of 2021 in the records of the Administrative Court – Blagoevgrad. In Decision No. 1458 on administrative case No. 414/20 in the records of the Administrative Court – Blagoevgrad, it is accepted that the prescription is not an administrative act, but as an act of executing an order of the Minister of Health, it is issued in the prescribed written form by law – Art. 271, para. 6 of the APC, with a specific period (14 days) and place of execution, as mandatory requisites, individualizing the specific obligation to be executed (isolation at a specific place for a certain period). In this sense, the prescription constitutes the exact execution of the obligation under item II.1 of the order. Conversely, Decision No. 2064 on administrative case No. 686/21 in the records of the Administrative Court – Blagoevgrad, according to which the issued prescription for quarantine of a natural person was declared null and void.