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ANALÓGIA V SPRÁVNOM TRESTANÍ A JUDIKATÚRA NAJVYŠŠIEHO SÚDU SLOVENSKEJ REPUBLIKY

100%
Kukliš Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
|
vol. 97
|
issue 5
456 – 469
EN
There is neither a unified catalogue of administrative sanctions nor a unified code of their application in the Slovak legal system. While the non-existence of such a catalogue is understandable, considering the multitude of areas regulated by administrative law, the absence of a code of application cannot be similarly justified. The Supreme Court of the Slovak Republic attempts to overcome this problem through analogous application of criminal law institutes also on the process of imposing administrative sanctions - that is on situations for which these institutions weren’t conceived. This article analyses conditions under which the analogy in the area of administrative sanctioning should be allowed and warns of the risks involved in the flat imposition of criminal law procedures in the sphere of administrative sanctions.
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