If, at the time of issuing a decision on an administrative fine, a law other than during the violation of the law, as a result of which the penalty is to be imposed, is in force, the new law shall apply, however, the law in force previously shall be applied, if it is more relative to the party.
When imposing an administrative fine, the public administration body takes into account:
- the importance and circumstances of the violation of the law, in particular the need to protect life or health, protect property in large sizes or protect important public interest or extremely important interest of the party, and the duration of the violation;
- the frequency of past breach of an obligation or breach of a prohibition of the same type as the breach of an obligation or breach of the prohibition in consequence of which a penalty is to be imposed;
- prior punishment for the same behavior for a crime, tax offense, misdemeanor or tax offense;
- the degree of contribution of the party on which the administrative fine is imposed to the infringement of the law;
- actions taken by the party voluntarily to avoid the consequences of violating the law;
- the amount of the benefit that the party has achieved or the loss it has avoided;
- in the case of a natural person - the personal conditions of the party on which the administrative fine is imposed.
In the event that the violation of the law was caused by force majeure, the party is not subject to penalty.
[Legal status as at 18/08/2020]