Violation of Recommendations Issued by the Polish Financial Supervision Authority as a Basis for Imposing Sanctions Pursuant to Article 362(1) of the Insurance and Reinsurance Activity Act of 11 September 2015

2021 ◽  
Vol 3 (108) ◽  
pp. 42-51
Author(s):  
Paweł Matej
Keyword(s):  
Financial Supervision ◽  
Administrative Sanctions ◽  
Administrative Responsibility

Pursuant to Article 361(1) of the Insurance and Reinsurance Activity Act of 11 September 2015, the Polish Financial Supervision Authority (PFSA) may issue recommendations for insurance and reinsurance undertakings. In the case of non-compliance, such recommendations may give rise to the imposition of administrative sanctions. The purpose of the article is to decide to what extent the violation of supervisory acts, such as the PFSA’s recommendations, determines the administrative liability of insurance and reinsurance undertakings. Furthermore, the article aims at discussing to what extent a breach of non-authoritative acts of a supervisory nature, such as the PFSA’s recommendations, may constitute the basis for administrative liability provided for in Article 362(1) of the Act. The author conducts his analysis in the context of constitutional standards applicable to administrative responsibility. Those standards are compared with the decisions of the PFSA rendered as a result of the violation of its recommendations. In addition, the article presents de lege lata and de lege ferenda conclusions which relate to ensuring compliance with constitutional requirements of the procedure for sanctioning violations of recommendations issued by the PFSA.

Part IV Supervision and Enforcement, 19 Public Enforcement of MiFID II

2017 ◽  
Author(s):  
Gortsos Christos V
Keyword(s):  
Capital Markets ◽  
Financial Stability ◽  
Public Capital ◽  
Financial Supervision ◽  
Public Enforcement ◽  
Member States ◽  
Criminal Sanctions ◽  
Administrative Sanctions

This chapter systematically assesses the provisions of MiFID II (Articles 67-88) on supervision, enforcement, and cooperation by competent authorities. It addresses the role of Member States’ competent authorities within the MiFID II regime, with particular emphasis on the competent authorities’ supervisory powers, their power to impose administrative sanctions and measures, as well as criminal sanctions, and redress procedures. It considers cooperation arrangements between Member States’ competent authorities, the obligation to cooperate with the ESMA, and cooperation with third countries. Finally, these rules are briefly assessed on the basis of three elements pertaining to financial supervision, which, in the author’s view, are essential for the preservation of financial stability and the attainment of other goals underlying (public) capital markets law, and which are addressed by MiFID II’s provisions: micro-prudential supervisory effectiveness, the efficient and unobstructed exercise of competent authorities’ sanctioning powers, and the effectiveness of supervisory cooperation arrangements.

Types of Administrative Sanctions for Tax Offences

2018 ◽  
Vol 24 (2) ◽  
pp. 145-150
Author(s):  
Petar Ivanov Baldzhiev
Keyword(s):  
The State ◽  
Tax Legislation ◽  
State Administration ◽  
The Subject ◽  
Administrative Sanction ◽  
The Right ◽  
Administrative Sanctions ◽  
Administrative Responsibility ◽  
Legal Entities

Abstract The Bulgarian law regulates the administrative sanction as a specific sanction for noncompliance with the approved order in the state administration. Its imposition is considered to be an expression of state compulsion and it represents a realization of the administrative responsibility. The article aims to examine the peculiarities of the administrative sanctions imposed in the cases of tax offences, in regard to the specificity of the tax entities. The legislator has provided various administrative sanctions which are mainly systematized in the Administrative Violations and Sanctions Act. Tax legislation does not lay down new types of administrative sanctions but it uses the types provided by the Administrative Violations and Sanctions Act, and namely: public reprimand, fine, temporary deprivation of the right to be exercised a particular profession or to be carried out a particular activity, forfeiture in favour of the state, sanctions in the form of penalty payments imposed on legal entities and sole traders. The typical characteristics and peculiarities of the imposed for tax offences sanctions are the subject of the analysis

THE CIRCUMSTANCES AGGRAVATING ADMINISTRATIVE RESPONSIBILITY

2019 ◽  
Vol 5 ◽  
pp. 318-321
Author(s):  
L.V. Shestak ◽  
◽  
S.V. Veremiienko ◽  
◽  
Keyword(s):  
Administrative Responsibility

Content Analysis (Analisis Isi) terhadap Peraturan Daerah Bernuansa Syariat Islam di Kabupaten Banyumas

2019 ◽  
Vol 1 (2) ◽  
pp. 121
Author(s):  
Dody Nur Andriyan
Keyword(s):  
Disease Management ◽  
Public Interest ◽  
Islamic Law ◽  
Alcoholic Beverages ◽  
Public Issues ◽  
Criminal Sanctions ◽  
Qualitative Descriptive ◽  
Administrative Sanctions ◽  
And Control ◽  
The Relationship

Regional Regulation (Perda) which regulates public issues such as prostitution, alcoholic beverages, gambling, and the relationship between men and women turns out to be identified as a Regional Regulation with nuances of Islamic law. in Banyumas Regency there is a Regional Regulation which if used by the identification of Arfiansyah above, it can be referred to as a Regional Regulation with nuances of Islamic law. The regulation is: Banyumas District Regulation Number 15 of 2014 concerning Control, Supervision and Control of Circulation of Alcoholic Beverages and Regional Regulations of Banyumas Regency Number 16 of 2015 concerning Community Disease Management. This research has two formulations of the first problem related to the results of the content of the analysis on the Perda that are nuanced by Islamic law in Banyumas Regency. Both of the results of the analysis content on the Regional Regulations that are nuanced by Islamic law in Banyumas Regency are not contrary to Law-Invitation Number 12 of 2011? This research is a qualitative-descriptive study. The research method used is normative juridical. The main source of data is the Banyumas District Regulation Number 15 of 2014 concerning Control, Supervision and Control of Circulation of Alcoholic Beverages and Regional Regulations of Banyumas Regency Number 16 of 2015 concerning Community Disease Management. Interviews were also conducted with resource persons. Furthermore, the results of the analysis were carried out. Regional Regulation No. 15 of 2014 is actually a Regional Regulation that has a broad purpose of public interest, for the nation and state. So that the claim that Perda No 15 of 2014 as a Regional Regulation with nuances of Islamic law is not true. Regional Regulation No. 16 of 2015 is actually a Regional Regulation that has a broad purpose of public interest, for the nation and state. So that the claim that Perda No 16 of 2015 as a Regional Regulation with nuances of Islamic law is not true. Both of these Perda (Perda No 15 of 2014 and Perda No. 16 of 2015) are not in conflict with Law No. 12 of 2011 concerning the Establishment of Legislation. Both in terms of content, principles, goals, arrangements, administrative sanctions and criminal sanctions. Formally and procedurally the two Perda are in accordance with Law Number 12 of 2011

Administrative Responsibility

1996 ◽  
Vol 13 (4) ◽  
pp. 497-517
Author(s):  
Abdel Rahman Ahmed Abdel Rahman
Keyword(s):  
Law Enforcement ◽  
Social Services ◽  
Public Trust ◽  
General Term ◽  
Public Utilities ◽  
Potential Threat ◽  
The Public ◽  
Public Bureaucracy ◽  
Basic Services ◽  
Administrative Responsibility

Public bureaucracies, a general term including government agenciesand departments in the areas of public utilities, social services, regulatoryservices, security, and law enforcement, are indispensable to our welfare;we need them for the provision of these basic services. To provide theseservices, bureaucracies need such resources as power and money. Thepower of bureaucracies is compounded by their virtual monopoly of technicalexpertise, which puts bureaucrats at the forefront of public policymaking.Indispensable to our welfare though they are, public bureaucracies alsopose a potential threat. In view of the technical knowledge they have andtheir consequent important role in policy making, they may dominate publiclife. In other words, they may develop into a power elite and, as a result,act as masters of the public rather than as its servants. More disturbingly,they may not use the public trust to serve the public or respond to its needs.Still more disturbingly, they may breach the public trust or abuse the powerentrusted to them.All of these possibilities have given rise to a widespread fear ofbureaucracy. In some societies, this fear has reached pandemic levels.Fear of bureaucracy is not unwarranted; there is a consensus and concernin administrative and academic circles that the degree of bureaucraticaccountability has declined in both developed and developingcountries. A central issue with public bureaucracy has always beenhow to make it behave responsibly or in the public interest. Despite aplethora of mechanisms for ensuring administrative responsibility orbureaucratic responsiveness, many public bureaucracies may still be unresponsive and unaccountable ...

PENGARUH KOMPETENSI, INDEPENDENSI DAN AKUNTABILITAS TERHADAP KUALITAS AUDIT APARAT INSPEKTORAT DALAM PENGAWASAN KEUANGAN DAERAH

2019 ◽  
Vol 3 (02) ◽  
pp. 414
Author(s):  
SULFIANTY SULFIANTY
Keyword(s):  
Sampling Method ◽  
Audit Quality ◽  
Sample Selection ◽  
Selection Method ◽  
Civil Servants ◽  
Financial Supervision ◽  
Internal Auditors

The role of internal auditors is needed to encourage the realization of good and clean governance. This study aims to determine the effect of competence, independence and accountability on inspectorate audit quality in regional financial supervision. Population in this study are all civil servants Inspectorate of Pohuwat Regency. The sample selection method in this study is the saturated or census sampling method. The results of this study indicate that independence and accountability have an influence on audit quality both partially and simultaneously.   Peranan auditor internal sangat diperlukan untuk mendorong terwujudnya tata pemerintahan yang baik dan bersih. Penelitian ini bertujuan untuk mengetahuipengaruh kompetensi, independensi dan akuntabilitas terhadap kualitas audit inspektorat dalam pengawasan keuangan daerah.Populasi dalam penelitian ini adalah seluruh PNS Inspektorat Kabupaten Pohuwato.Metode pemilihan sampel dalam penelitian ini adalah metode sampling jenuh atau sensus.Hasil penelitian ini menunjukkan bahwa kompetensi, independensi dan akuntabilitas memiliki pengaruh terhadap kualitas audit baik secara parsial maupun secara simultan.

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