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Penalty Law

Original Language Title: Uhkasakkolaki

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In accordance with the decision of the Parliament:

CHAPTER 1

General provisions

ARTICLE 1
Scope

This law shall apply where an order or prohibition issued by a public authority ( Main obligation ) A periodic penalty payment is imposed and a penalty payment is imposed.

The law shall also apply to the imposition and enforcement of the threat of commission and the threat of suspension.

ARTICLE 2
Scope of application

This Act shall not apply to periodic penalty payments for the protection of the conduct of proceedings. (30.4.1999/557)

The law shall not apply to periodic penalty payments, to a threat to the public or to the threat of suspension, the imposition of which falls within the jurisdiction of the General Court or the enforcement authority, unless otherwise specified otherwise by law. (16.8.1996/624)

ARTICLE 3
Subsidiarity

If any other law or regulation adopted before the entry into force of this Act contains provisions derogating from this law, they shall apply instead of this law.

§ 4
Powers

The authority may impose a periodic penalty payment, the threat of the commission or the threat of suspension, if so provided for by law.

§ 5
Export presentation

The case referred to in this Act shall be brought on the initiative or on a proposal of the authority responsible for compliance with the relevant provisions and regulations, or on an application by the authority concerned of an interest or right.

CHAPTER 2

Periodic penalty payment

ARTICLE 6
The imposition of a penalty payment

The penalty payment is imposed by imposing a principal obligation on the party to be respected. A different penalty payment must be imposed on each of the main obligations.

The periodic penalty payment shall be fixed at a fixed amount or in such a way that the amount of the penalty is determined by the consumption of time ( Periodic penalty payment ).

The decision to take a decision shall clearly indicate where the party is bound and when, by what date or when the principal obligation is to be complied with. When considering the duration of the deadline, account shall be taken of the nature and extent of the main obligation, the possibility of compliance with it and other relevant factors.

§ 7
Threat of the penalty payment

The periodic penalty payment may only be applied to a party with a legal and effective ability to comply with the main obligation. Where a periodic penalty payment is applied to a number of interested parties, a different penalty payment shall be imposed on each of them.

Where the main obligation concerns the entity or the foundation, the periodic penalty payment shall be applied to either the Community or the Foundation, or the members of the institution exercising its decision-making power or the other person in a similar position.

The main obligation of the State and the periodic penalty payment shall be imposed on the State or on behalf of a public authority whose task is to comply with the main obligation and which is entitled to exercise the State's voice power in the matter.

§ 8
Level of the periodic penalty payment

When considering the amount of the periodic penalty payment, account shall be taken of the nature and extent of the main obligation, the ability to pay and the other relevant factors.

§ 9
Running periodic penalty payment

The periodic penalty payment shall be imposed on the periodic penalty payment of the periodic penalty payment and a further instalment of each of the periods to be declared in the decision ( Defiance period ) For which the principal obligation has not been complied with.

ARTICLE 10
Condemnation of the periodic penalty payment

The authority of the periodic penalty payment may be liable to the penalty payment if the principal obligation has not been complied with and there is no valid reason for non-compliance. As a condition for the imposition of a penalty payment, it must be borne in mind that the decision to impose a penalty payment is final, unless the decision has been imposed or imposed in spite of the appeal.

The sum of the additional instalments of the periodic penalty payment may not exceed three times the amount of the basic instalment. In this case, the additional tranches shall lapse from the periods before the decision on the imposition of a penalty payment has commenced.

The implementation of the periodic penalty payment and the conversion of the sentenced person shall be laid down separately.

ARTICLE 11
Sentencing of the periodic penalty payment

The periodic penalty payment may be reduced if the principal obligation is substantially respected or the obligation to pay has been substantially reduced or there is another legitimate reason for reducing the amount of the penalty payment.

ARTICLE 12
Setting a new penalty payment

A new penalty payment shall not be imposed unless the issue of the condemnation of the previous periodic penalty has been addressed.

Where circumstances have changed or a substantial new report has been obtained or an earlier decision is based on manifestly incorrect application of the law, the authority which imposed the periodic penalty payment may remove the decision to impose a periodic penalty payment; and To deal with it in whole or in part. If an appeal is pending, the review of the case shall be notified and the decision taken to the appeal authority.

ARTICLE 13
The limitation of the penalty payment

The penalty payment shall not be passed on, unless the party to the party has been given an opportunity to give an explanation as provided for in Article 22 within a period of two years from the date on which the decision to impose a penalty payment has received the force and the main obligation Or, where the principal obligation has to be complied with, within two years from the date on which the principal obligation has been infringed.

CHAPTER 3

Threat and abort threat

ARTICLE 14
Setting the threat of slaughter and suspension

The threat of fraud is set by imposing a primary obligation on the risk of failure to do so at the expense of a defaulter.

The threat of interruption shall be imposed by the imposition of a principal obligation, at the risk of suspension of work or other activities, or of preventing the use of a device or other object.

The threat of fraud and the threat of suspension shall otherwise apply mutatis mutandis, as provided for in Articles 6, 7 and 12.

§ 15
Enforcement of the threat of suspension and suspension

In accordance with the provisions of Article 10 (1) and Article 13 of the periodic penalty payment, the threat of the threat of fraud and the threat of suspension shall be determined by the authority.

Without prejudice to the decision referred to in paragraph 1, the absence of any work to be done or the suspension of work or other activities, or the use of a device or any other object, shall be prevented, unless otherwise specified by the Appeals Authority.

ARTICLE 16
Ensure implementation

The termination or suspension of a decision by the issuing authority may be carried out by the authority itself or by any other authority or private person. The police must then provide the necessary assistance.

§ 17
Costs costs

The cost of the costs shall be paid in advance by the State or, where the municipal authority, the municipality or the State of the State are responsible for the award of the contract, and shall be subject to the obligation for the transfer referred to in Article 20, in the order of the tax and The recovery of charges is provided for.

CHAPTER 4

Impact of the transfer of ownership and use

ARTICLE 18
Notification obligation

When the threat of a periodic penalty payment, the threat to be made or the threat of suspension has been set in a fixed or movable property obligation, the obligation to disclose to the transferee shall, in the transmission of the property or its right of access, inform the The main obligation and threat thereof. In addition, the name and address of the transferee shall be notified to the authority which has established the threat.

The decision on the setting of bathing shall be accompanied by an explanation of the notification requirement and the fact that the declaration must be made in the form of an indication or otherwise in evidence.

The reporting obligation provided for in paragraph 1 may be subject to periodic penalty payments. The decision to impose a periodic penalty payment shall not be subject to a separate appeal.

§ 19
Registration

The issuing authority shall send a notification to the Measurement Department about the principal obligation of the property and the threat posed to it to make it compulsory for the registration to be entered in the register. In the case of the issuing authority or its order, the relevant supervisory authority shall send a corresponding notification of subsequent decisions and fulfilment of the main obligation. (13/03/98)

The notification referred to in paragraph 1 shall be entered in the register. The label shall be deleted at the latest five years after its conclusion, unless the Authority has indicated that the main obligation has been extended.

§ 20
Responsibility of the donor

Where, at the time of delivery, the principal obligation of a fixed or movable property and the threat imposed as a synergist are known to the transferee or entered in the register of mortgages, the transferee shall comply with the main obligation Under threat of effect.

If the transferee does not comply with the main obligation, the periodic penalty payment may be imposed and the threat or suspension threat shall be imposed in accordance with the provisions of Articles 10, 11, 13 and 15, where applicable.

ARTICLE 21
Extension of treatment

Where the owner or the holder changes after the adoption of the decision to set the threat and the decision has been appealed against, the proceedings before the appeal authority may continue and issue a decision against the new owner or holder.

CHAPTER 5

Outstanding provisions

§ 22 (5.12.2003/1025)
Consultation of interested parties

Before the imposition of a periodic penalty payment or the imposition or suspension of a payment order or the imposition of a suspension or suspension, an interested party shall provide an opportunity to give an explanation as to the administrative law (434/2003) Provides.

ARTICLE 23
Notification

The decision of the authority shall, unless declared, be notified to the party concerned by postal order or by the order provided for in the order to be served.

§ 24 (17/05/894)
Appeals appeal

The imposition of a periodic penalty payment and the decision to impose a threat of withdrawal or suspension shall be subject to appeal, as laid down in the decision on the imposition of the main obligation.

The decision on the imposition of a periodic penalty payment, as well as the decision on the imposition of a suspension or suspension, shall be subject to appeal in the form of a rule of administrative law (18/06/1996) Provides. The competent administrative court and the participation of experts in the deliberations shall be determined on the basis of the main obligation.

The decision by which the authority has not accepted the request for a review pursuant to Article 12 (2) shall not be subject to appeal.

L to 894/2015 Article 24 shall enter into force on 1 January 2016. The previous wording reads:

§ 24
Appeals appeal

An appeal against the imposition of a periodic penalty payment and the imposition or suspension of a commission on the imposition or suspension of a periodic penalty shall be subject to appeal in the order of appeal in respect of administrative matters Of the law (154/50) Provides.

The decision by which the authority has not accepted the request for a review pursuant to Article 12 (2) shall not be subject to appeal.

L appeal on administrative matters 154/1950 Has been repealed by the Administrative Loan L 586/1996 .

ARTICLE 25
Entry into force

This Act shall enter into force on 1 July 1991.

The law shall apply to the periodic penalty payment, the threat to be made and the threat of suspension.

HE 63/90, Ivhms. 9/90, svk.M. 135/90

Entry into force and application of amending acts:

16.8.1996/624:

This Act shall enter into force on 1 December 1996.

THEY 96/95 , LaVM 7/96, EV 101/96

30.4.1999/557:

This Act shall enter into force on 1 October 1999.

5.12.2003/1025:

This Act shall enter into force on 1 January 2004.

THEY 79/2003 , HaVM 6/2003, EV 61/2003

13.12.2013:

This Act shall enter into force on 1 January 2014.

THEY 68/2013 , MmVM 7/2013, EV 102/2013

7.8.2015/894:

This Act shall enter into force on 1 January 2016.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 230/2014 , LaVM 26/2014, EV 319/2014