Abstract

In order to draw up paying attention is on varied and unusually problematic from a point of view of citizens scheme of the influence of the constitutional ban ne encore in idem to administrative-legal matter. As the initial thesis, the author is taking the position on, according to which border of applying to the ban ne encore in idem in the administrative law appoint individual spheres of the interference of the civil service. On the example of the Art. of 103 sec. 1 pt 4 acts from 5.01.2011 against drivers by vehicles (D.U. of 2011 No. 30, pos. 151 as amended) will pay attention to occurring relations between axiologically conditioned by the number
of constitutional values ban ne encore in idem and with clause of the public interest. The author will point at legislative techniques applied by the legislator in the above act which they are leading to the collision of norms of the administrative law and the penalty, and simultaneously competence in widening will grant the district administrator of tying power of valid decisions of criminal courts to categories other, than mentioned in them of entitlements. On the quantitative base and will attract the attention of the qualitative analysis of the Central Base of Statements of administrative tribunals to the scale of the existing problem relating to other
categories of entitlements and divergence of positions assumed so far in this issue by administrative tribunals.