The Settlement Under the Administrative Violations and Sanctions Act—Compulsion or Persuasion?

Authors:

Pages: 330-339
DOI: https://doi.org/10.54664/PAAJ3469

Abstract:

The current article examines the settlement under the Administrative Violations and Sanctions Act, as well as its role in government methods. Key aspects of administrative penalty law are examined, such as illegality, administrative penal liability, administrative sanction, as well as issues of the methods of government, such as the concept and distinction between compulsion and persuasion. Although the methods of government are a topic mostly concerned with doctrinal issues, their consideration has practical implications, due to the fact that if the settlement is manifestation of compulsion, certain standards of protection must be followed. The analysis concludes that, under the Administrative Violations and Sanctions Act, the methods of compulsion and encouragement are applied when the settlement is reached, but not the method of persuasion.

Keywords:

settlement, administrative penal liability, methods of governance, compulsion, persuasion, encouragement.

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