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Dr hab. Wojciech Bożek
ORCID: 0000-0002-3939-3759

Associate professor, habilitated doctor, employed at the Faculty of Law and Administration of the University of Szczecin. His research focuses on the area of financial law, with particular emphasis on public finance law and financial market law. Author of several dozen scientific publications in this field, in particular liability for breach of public finance discipline, sureties and guarantees of the State Treasury and from the state public debt and public funds, as well as the availability of products and services for people with special needs.

 
DOI: 10.33226/0137-5490.2025.10.5
JEL: K2

Directions of interpretation of sanctions-involving provisions in the energy law should be outlined by axiology. It is the main assumption of this paper and has had a significant impact on the analysis intended to identify functions of financial penalties in the Polish legal order and to determine their meaning and definition. The conclusions indicate that financial penalties are a tool for disciplining energy market participants, i.e. they have a preventive (in general and individual terms) as well as repressive function, whereby their fiscal function cannot be of primary (dominant) importance. Proceeds of tort cannot constitute a significant source of financing for public tasks, as this would be contrary to the axiological foundations of the laws in which they are regulated. The research methodology used has limited the scope of the analysis to the recognition of fines from the perspective of administrative and financial law. The research methods involve investigation of the law in force and an analytical study. Comparative research is only used as a complementary tool, i.e., German and French law measures are only referred to as an auxiliary instrument. The article uses selected acts of universal law, relevant literature, decisions of courts and tribunals and also data published by the President of the Energy Regulatory Office.

Keywords: energy law; administrative financial penalties and its functions