The Law amending and supplementing (LAS) the Law on administrative offences and penalties (LAOP), which was suggested for public discussions, provides that the citizens, sole traders and legal entities with imposed fines, are allowed to pay only 80% of the amount determined in the penal order, if they do it within the period for appeal. In this case the offender wouldn`t be entitled to appeal the amount of the fine.
It is also envisaged that the offender can conclude an agreement with the responsible authority for termination of the administrative-criminal proceedings. The proposal for the conclusion of such an agreement could come from both the offender, within one week from the date of receipt of the act, establishing the administrative offence, and the responsible authority – after it receives the administrative file. In case of reaching an agreement, the amount of the fine shall be reduced to 70% of the minimum amount provided for the offence committed. If the law doesn’t envisage a minimum amount, the sum of the fine shall be determined between the parties by an agreement, but it could not exceed 70% of the half of the maximum provided for by the law. The amount should be paid within 14 days from the conclusion of the agreement.
If the offender doesn`t pay the amount within the specified term, the responsible authority declares that an agreement wasn`t reach and issues a penal order. The amendments provide the right of appeal of the following acts:
- the notice under Art. 28 of LAOP, issued in case of a minor offence;
- the act for termination of the administrative-criminal proceedings; and
- the acts of the responsible authorities, in case of property taken away in favor of the state.
The bill also envisages an obligation of the responsible authority to justify the type and the amount of the imposed administrative sanction. The submission term for the objections against the issued act, establishing an administrative offence is extended from 3 to 7 days and the term for appeal of the penal order – from 7 to 14 days.