Decision no. 11591/2022/ 07.11.2022/Court, Iasi/Misdemeanour Complaint
DOI:
https://doi.org/10.18662/jls/18.3-4/127Keywords:
contravention complaint, Official report of contravention, Receipt for the collection of local budget debts, Public Health Directorate of Iasi County - Public Health Control ServiceAbstract
Complainant X formulates a contravention complaint at the Suceava Court against the Official Report of Violations, Series ..., no... of 19.01.2022 and the Official Report of Violations Series ...., no .... of 19.01.2022, concluded at the headquarters of the Public Health Department of Iași County-Public Health Control Service and communicated on the date of . ... concluded by the health inspector of the DSP Iasi, whereby I was fined 3000 lei for "failure by the person entering the territory of Romania to complete the Digital Entry Form for Romania-SII-FDIR within 24 hours of entry into the country, according to art.2 paragraph (4) of GEO NR.129/2021, recorded in the report of the observation of sanitary and hygienic conditions no.106603 dated 19.01.2022, made on 10.01.2022, 12:55 PM... Within a maximum of 15 days from the date of delivery or communication of the official report of the finding and sanctioning of contraventions, he will be able to pay half of the minimum fine provided by the normative act, namely 1000 lei".
Against these minutes, in accordance with the provisions of art. 31 para. 1 of OG. no. 2/2001, approved with amendments and completions by Law no. 180/2002, and art.118 para.1 of OUG 195-2002, the contravention complaint was formulated. In the course of the trial, the petitioner X took note of the respondent's position and asked the court to find: 1. "the contravention of the contravention of the offence held against the complainant by the report of the contravention" as a result of the fact that the legal conditions for admitting the complaint are not met, the consequence being the annulment of the report of the contravention as stated by the respondent; 2. The restitution of the amount of 1000 lei paid as a fine that was applied and which was paid to the "Local Taxes and Duties Directorate, Iasi" by "Receipt for the collection of local budget debts", in the amount of 1000 lei (Exhibit 4) representing "half of the minimum fine provided for by the normative act, namely 1000 lei" established by the Official Report of the contravention.
References
Decision no. 11591/2022/ 07.11.2022.
Decision 1792/2022/ 03.06.2022.
C.E.D.O., in the case of Anghel against Romania, by Decision of October 4, 2007.
E.D.O. Commission, case Austria v. Italy, Yearbook of the Convention, vol. VI.
Legislation
GEO NO. 129/2021, recorded in the record of ascertaining the hygienic-sanitary conditions no. 106603 of 19.01.2022.
The decision to return the amounts from the local budget.
GEO no. 22 of March 11, 2022.
Decision of the Constitutional Court no. 228/2007.
DECISION no. 2 of 07.01.2022 regarding the procedure for approving the list of countries/territories in epidemiological risk areas, the criteria on the basis of which their classification is established, the rules for applying the quarantine measure on people, as well as the approval of the list of countries/territories in epidemiological risk areas
REGULATION (EU) 2021/953 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 June 2021 on the framework for the issue, verification and acceptance of interoperable certificates of vaccination, testing and cure for COVID-19 (EU digital certificate on COVID) to facilitate free movement during the COVID-19 pandemic.
The Universal Declaration of Human Rights.
Public finance law no. 500/2002 with subsequent additions and amendments
Convention on the Elimination of All Forms of Racial Discrimination;
Convention on the elimination of all forms of discrimination against women;
Convention on the Rights of the Child.
Convention on the Rights of Persons with Disabilities. (http://sanatemintala.md/ro/legislatie/drepturile-omului/despre-drepturile-omului-in-demiul-sanatatii
GEO 2/2001 approved with changes and additions by Law no. 180/2002.
GEO 195-2002.
Contravention complaint scsp-108921
Receipt for the collection of debts of local budgets.
Minutes of findings, Series ..., no... of 19.01.202.
Minutes of findings of contraventions.
The digital entry form in Romania-SII-FDIR
ORDINANCE no. 36/2002 on local taxes and fees with subsequent amendments.
Law no. 207/2015 regarding the Fiscal Procedure Code.
Civil Procedure Code
Constitution
Civil Code
Fiscal procedure code
fiscal Code
Administrative code
Web pages
official EU website https://e-justice.europa.eu/6/RO/national_legislation?ROMANIA&member=1
website: https://www.reginamaria.ro/articole-medicale/omicron-o-noua-varianta-dominanta-virusului-sars-cov-2
the website "Link for authentication in the application "Digital entry form in Romania"
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