OBOWIĄZKI PRZEDSIĘBIORCY I KARNOPRAWNE KONSEKWENCJE ICH ZANIECHANIA
Loading...
Date
2002
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
ENTREPRENEUR’S OBLIGATIONS AND THE CONSEQUENCES OF THEIR NEGLIGENCE UNDER CRIMINAL LAW
Abstract
The Business Activity Law Act regulates such areas as the obligations involved in undertaking
and conducting business activities by entrepreneurs. These obligations have a variety of legal
characters and they serve a number of different functions. They refer, for instance, to the conditions
of conducting a business activity, possession of appropriate professional qualifications to
conduct specific types of business activity, registering an entrepreneur and traded products as well
as requirements regarding payment transactions in trade with existing entrepreneurs on the market.
Violation of one’s obligations entails a number of different legal consequences other than
administrative, such as penal liability for violation. However, in order to consider a breach of one>s
administrative duties to be a violation of the law, each of the two conditions must be met: the
committed act must be unlawful (prohibited by an act under the threat of a penalty) and injurious
to the public.
A violation of an order does not entail liability for a violation of the law i f the act is not
injurious to the public. Criminal provisions are regulated by chapter 9 of the act. However, because
of the textual character of any criminal norm, which is to refer to other legislative texts, the
definition of a violation is determined not only by the Business Activity Law Act but also other
administrative legal norms referred to by the Act. There is a large number of administrative and
legal norms regulated in separate acts and binding for an entrepreneur in the course o f conducting
a business activity. This article only deals with the criminal consequences of neglecting these
obligations. It is a duty of eligible administrative bodies to oversee the discharge of these obligations
imposed upon entrepreneurs. If a violation (as defined in chapter 9 of the Act) is disclosed,
then eligible administrative bodies have the powers of a public prosecutor, providing that they
have disclosed the violation and applied for the punishment in the scope of their competences. The
court competent to consider violation cases is the regional court, which applies the procedure
proper for violation cases. According to the principle o f criminal law subsidiarity, criminal measures
only serve a supplementary function to the administrative means of administrative duty obligations
imposed upon entrepreneurs. In administrative law enforcement the main role is played
by administrative law instruments including administrative execution means. These execution
means are the most apt for the character of the activities that are taken by the administrative
bodies and that aim at implementing the norms of material administrative law on undertaking
and conducting business activity.
Description
Sponsor
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 64, 2002, z. 2, s. 69-85.