ON THE RELATIONSHIP BETWEEN THE PROCEEDINGS UNDER THE ADMINISTRATIVE PROCEDURE CODE AND THE JUDICIAL PROCEEDINGS FOR FORFEITURE OF ILLEGALLY ACQUIRED PROPERTY

Author

Nikolay Nikolov, PhD

Annotation

The articleexplores several issues concerning the new Law on Forfeiture by the State of Illegally Acquired Property – what stages of proceedings are provided by law, which acts of the special commission are individual administrative and why, specifics of contesting those acts in court by the order of the APC. The main thesis is that the option provided in Art. 11, para. 5, for appealing the decisions of the Commission for submission to court of a request for imposing of injunctions and a claim for forfeiture of illegal property, is incorrect. The main supporting argument is that insofar as the substantive legality of administrative acts is concerned, the subject of the administrative proceedings will entirely coincide with the subject of the civil proceedings for injunction/forfeiture, which will be taking place before a civil court, based of those decisions ofthe administrative authority. The author brings forth arguments that the right of defense of the inspected parties would be guaranteed even without the existing provision of Art. 11, para. 5. In this respect, a correction of Art. 11, para. 5 of LFSIAP is proposed.

Keywords

Law on Forfeiture by the State of Illegally Acquired Property, Commission for forfeiture of illegally acquired property, contesting, guaranteed right of defense, inspected parties, illegally acquired property, administrative acts

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