Принудителната административна мярка - временно отнемане на свидетелството за управление по закона за движение по пътищата
Temporary withdrawal of driving licence as an administrative coercive measure under the road traffic act

Summary/Abstract: The present study aims to provide an examination of the legal nature, factual prerequisites, and legal consequences of the application of the coercive administrative measure “temporary withdrawal of a driver’s license” under Article 171 of the Bulgarian Road Traffic Act. The analysis is grounded on a systematic and teleological interpretation of the current legal framework, exploring the boundaries of administrative intervention and its correlation with criminal law effects. Particular emphasis is placed on the interaction between this measure and the procedural instruments under Article 69a of the Criminal Procedure Code, as well as on the normative and functional differentiation from the criminal sanction “deprivation of the right to drive a motor vehicle” under Article 37, paragraph 1, item 7 of the Criminal Code. The study examines problematic scenarios involving the expiration of the license’s validity, loss of driving qualification, and their implications for administrative, criminal, and civil liability. The conclusion substantiates the necessity of establishing clear criteria distinguishing between the formal irregularity of the document and the actual absence of driving qualification, with a view to enhancing legal certainty, the predictability of administrative practice, and the effective realization of the law’s objectives ‒ ensuring road safety and protecting the public interest.

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