Identifying the limits of the discretionary right of the customs authority in the process of applying administrative liability to participants in external economic relations.

  • Sergiu Bodlev State University "B. P. Hașdeu" from Cahul
Keywords: Customs Service; central public authority; administrative court; discretionary administrative act; legality

Abstract

In the article, based on the analysis of the administrative legislation, the materials from the practice of the activity of the Customs Service of the Republic of Moldova, scientific sources, the limits of the application of the discretionary right in the activity of the customs authority as well as of the customs official in external economic relations as well as the crossing of the customs border are analyzed. The request for justice, equity, reasonableness, dignity, humanism, balance of interests, public order, protection of the person in the process of carrying out import-export operations, crossing customs borders by natural and legal persons must also have the appropriate offer, according to expectations both of the simple man and of society as a whole. One of these offers is "discretionary right" - a necessity through which the demand of the categories listed as general human values is covered.

Published
2024-06-30
How to Cite
Bodlev, S. (2024) “Identifying the limits of the discretionary right of the customs authority in the process of applying administrative liability to participants in external economic relations.”, The Annals of “Dunarea de Jos” University of Galati. Legal Sciences. Fascicle XXVI, 7(1). Available at: https://gup.ugal.ro/ugaljournals/index.php/als/article/view/6902 (Accessed: 1September2024).
Section
Public Law