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Causaliy as a condition for administrative punishment

Publication at Faculty of Law |
2015

Abstract

In the article I deal with the basic requirements of the liability for administrative offences. The administrative offence is defined as a conduct of a natural or legal person which is violating public law duties, interferes into social relations and which has formal as well as material elements expressed by the law.

The law defines the punishment applied by the administrative authority. Formal elements of the administrative offence involve physical elements which are: conduct (positive or negative act in violation of public law), causal relationship and the consequence - effect.

The administrative liability is based on the existence of the causal relationship (causal nexus) between the conduct and the effect. In the context of administrative punishment it is not enough to detect harmful consequence - effect.

A prerequisite for the application of liability for administrative offences is always unlawful conduct which is associated with the effect through the causal realationship. When analysing the administrative liability it must be distinguished between the form of no-fault liability and the fault liability.