Egyes közlekedési szabályszegésekre vonatkozó közigazgatási bírságolási kérdések

Abstract

Aim: The law of misdemeanours, which emerged in the mid-1950s, embodied the legal policy will that administrative substantive offences should be dealt with by means of misdemeanour proceedings. The legal policy objective was not fulfilled, and the institution of administrative fines was 'spawned' by the impetus of the social laws in question as the law of administrative offences developed. Since the beginning of the 21st century, this has been spreading - according to the legislator's unknown intentions - and has typically developed in the direction of objective sanctions. Perhaps most strikingly in traffic regulation. The aim of this paper is to illustrate some of the specific features of administrative fines, limited to traffic rules. Among the administrative sanctions, the author examines those which are applied by the fining authorities for infringements of road traffic rules. The author tries to justify the need to modify the grounds for exemption in the substantive law as it stands, on the one hand, and the regulation of on-the-spot fines, on the other. Methodology: According to the author, the objective can be achieved if the will to codify embraces the objectives set out above. To this end, the methodology of the study is based on an analysis of the relevant legal norm, from which valid deductive assertions are made. Findings: The infringements transferred from the law of misdemeanours to the law on administrative fines require further codification. Value: The study could help to improve the legal framework for dealing with administrative substantive offences.