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Administracyjne kary pieniężne w dobie pandemii COVID-19. Refleksje po roku stosowania
(Oficyna Wydawnicza AFM, 2021) Wierzbicka, Karolina
The aim of the article is to discuss the problems of the functioning of administrative financial penalties related to non-compliance with the restrictions during a pandemic. The amendment to the law on preventing and combating infections and infectious diseases introduced administrative fines. First, the principle of specificity was violated, as the regulations issued on the basis of the aforementioned Act are inappropriate due to the absence of constitutional emergency measures. Suspension of the execution of the decision was significantly limited due to the limitation of the activities of the courts and administrative authorities. and the suspension of time limits. The procedure for imposing administrative fines violates the principle of trust in public authorities and the principle of active participation of the party in the procedure. The year of application of administrative financial penalties has highlighted significant problems that will have consequences in the next few years. In practice, the administrative judiciary will be responsible for removing from legal circulation decisions imposing financial penalties.