Административнонаказателната отговорност на юридическите лица и измененията в чл. 83а и сл. от ЗАНН от 2025 г.

Автори:
Страници: 9-16
DOI: https://doi.org/10.54664/VEIV5367

Резюме:

The present article examines several of the principal substantive legal issues arising from the 2025 amendments to Article 83a of the Administrative Violations and Sanctions Act. The author notes that the amendments expand the scope of persons whose criminal conduct may give rise to the imposition of pecuniary sanctions on the respective legal entities. The revised provision also clarifies the role of an organised criminal group within this framework. Furthermore, the article analyses the manner in which the legislator has regulated the engagement of administrative punitive liability in cases involving a foreign element. Particular emphasis is placed on the objective nature of the liability of legal entities, which does not require proof of fault or intent on the part of the entity itself. The newly introduced system of sanctions under the amended Act is examined in detail. Special attention is devoted to the penalty of public disclosure of the decision, the imposition of which may result in significant reputational damage to the legal entity. The author also addresses the need to align the exercise of state powers with the objective and subjective characteristics of the specific offence and its perpetrator, as well as the circumstances affecting the determination of the amount of the pecuniary sanction, which are systematised in the article into two distinct groups.

Ключови думи:

Administrative Violations and Sanctions Act, legal entity, crime, administrative penalty, pecuniary sanction, individualization, objective element of the offence, subjective element of the offence.

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