Date of initiation of proceedings to impose a fine for illegally placing an advertising board or advertising device – de lege lata and de lege ferenda remarks in the context of discrepancies in the jurisprudence

Abstract

The article analyzes the problem of determining the date of initiation of administrative proceedings to impose a financial penalty for illegally placing an advertising board or advertising device, and thus determining the starting date of the period for which this penalty is charged. The authors present and evaluate the divergent positions expressed in the jurisprudence. In addition to the de lege lata comments, the authors formulate a de lege ferenda postulate aimed at introducing a solution that does not raise doubts in interpretation and at the same time ensures the effectiveness of sanctioning of the regulation.