Studia Iuris
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e-ISSN: 2367-5314
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Browsing Studia Iuris by Subject "administrative violation"
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Item Public Danger as a Criterion for Distinguishing Administrative Violations from Crimes(Plovdiv University Press, 2024-05-06) Hadzhiyska, PetyaThe present article discusses public danger as a criterion for distinguishing administrative violations from crimes from some crimes when the object is the same public relations. Despite the interpretative practice, certain contradictions are still observed when distinguishing administrative violations from crimes, when the acts (actions and omissions) are described in an identical manner in different administrative laws and the Special Part of the Criminal Code. In this regard, the author appeals for legislative changes and a reassessment of public relations, including by dropping their criminal protection.Item REFUSALS UNDER ARTICLE 174, PARAGRAPH 3 OF THE LAW ON ROAD TRAFFIC FOR A DRIVER TO UNDERGO A TEST FOR ALCOHOL AND/OR DRUGS IN THE BLOOD ARE TWO INDEPENDENT ADMINISTRATIVE OFFENCES, AND IN THIS CASE THE NORM UNDER ARTICLE 18 OF ZANN(Plovdiv University Press, 2025-11-25) Georgieva, GerganaThis article analyzes the provisions of Article 174, Paragraph 3 of the Road Traffic Act and Interpretative Decision No. 13 dated December 20, 2021, issued by the Supreme Administrative Court. The study focuses on the key concepts of “administrative violation” and “administrative penalty,” as well as the general principle concerning the prohibition of accumulating administrative penalties. The article also examines opinions expressed by lawyers and judges on the matter, along with the dissenting opinion in the aforementioned interpretative decision.