Issues of the sanction of "gratuitous labour in favour of society" under the Law on administrative violations and sanctions

Abstract

The article is focused on the new administrative sanction of ‘gratuitous labour in favour of society’, which was introduced in the Law on Administrative Violations and Sanctions (LAVS) in the year 2020. An analysis is carried out of the motives of the Bill’s authors, the legislative techniques selected, the systematic arrangement of norms within the corpus juris and the supplementary provisions, the procedure for imposition of the sanction and the role of the subjects in the process. An overview is made of both the literature dealing with this new type of administrative sanction and the available judicial practice. Consideration is given to those special laws having bearing on gratuitous labour in favour of society which are operative as at the time of adoption of the amendments to the LAVS and the amendments to the Forestry Law introduced in connection with the amendments to the LAVS made in 2020.