Open AccessIncreased and additional fees governed by the Geological and Mining Law as examples of administrative pecuniary penalties
Author(s) -
Gabriel Radecki
Publication year - 2021
Publication title -
prawne problemy górnictwa i ochrony środowiska
Language(s) - English
Resource type - Journals
ISSN - 2451-3431
DOI - 10.31261/ppgos.2021.02.07
Subject(s) - sanctions , business , section (typography) , administrative law , law , code (set theory) , subject (documents) , law and economics , political science , economics , computer science , set (abstract data type) , library science , advertising , programming language
The increased and additional fees are administrative sanctions for violations of the provisions of the Act of 9 June 2011 Geological and Mining Law, especially in part concerning the concession requirements. The article discusses the functions which these sanctions play. In that range it analyses the subject and severity of the fees, trying to distinguish their scopes. It leads to the conclusion that the fees concentrate mainly on their repressive and fiscal functions. The second part of the article is devoted to standards of the fees in the light of the provisions Section IVa of the Code of Administrative Procedure, entitled “Administrative pecuniary penalties”. The impact of these provisions on the fees’ legal status is insufficient and does not guarantee the satisfactory protection of rights of entities.