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Author
Annotation
The articledeals with the question of the application of Art. 28 of the Law on Administrative Violations and Sanctions to administrative violations in the field of health care. A criticism is addressed at the ruling of Interpretative Decision № 1 of 12.12.2007 of the General meetingof the CriminalCollege of the SCC that the assessment of the administrative penal authority for "insignificance" of a case under Art. 28 of the LAVS shall only be made on the grounds of legitimacy,and notappropriateness. The author has made proposals for legislative changes that would eliminate the possibility of contradictory court practices, by more clearly and precisely defining the criteria for an "insignificant case", especially and particularly in the administrative penal process.
Keywords
insignificant case, health care, legitimacy, appropriateness, LAVS
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