The Administrative Code No. 116/2018 is a normative act that regulates administrative relations between citizens, legal entities and public authorities.
The Code aims to create a transparent and effective system of interaction between citizens, legal entities, and public authorities, ensuring legal certainty and the protection of rights.
Participants in the administrative procedure are: the public authority, any natural or legal person who requested the initiation of the procedure or in respect of whom the procedure was initiated, as well as any other person involved in the administrative procedure by the public authority.
Administrative Legislation
- (1) Administrative legislation constitutes the fundamental legal framework that ensures the regulation of administrative relations in the implementation of administrative activities and judicial review of these activities.
- (2) Administrative legislation is based on constitutional norms developed in this Code, other laws, and other subordinate regulatory acts that regulate administrative relations and which must comply with the Constitution of the Republic of Moldova.
- (3) Subordinate regulatory acts are applied in regulating administrative relations only if they are issued on the basis of law and do not contradict it.
According to art. 2, par. (3), the provisions of this code do not apply to:
- a) to private law relations in which public authorities are parties;
- b) to legal relations of public authorities acting on the basis of the Contravention Code or the Criminal Code;
- c) to acts subject to constitutional review by the Constitutional Court;
- d) to the procedure for developing and adopting regulatory acts.
If an international treaty to which the Republic of Moldova is a party establishes provisions other than those provided for by administrative legislation, the provisions of the international treaty shall apply.
The code consists of three main books (Table of contents):
- Book I. General Provisions: Principles of administrative law, participants in administrative proceedings, time limits for administrative proceedings.
- Book II. Administrative Procedure: Filing a petition. Rules for the issuance, entry into force, and challenge of individual administrative acts.
- Book III. Administrative Litigation: Procedure for pre-trial dispute resolution, rules for filing claims in court.
Main Provisions of the Code:
- Principles of administrative law: General Principles (Articles 21–27); Principles of Administrative Proceedings (Articles 28–35); Principles of Administrative Procedure (Articles 36–43).
- International Standards: If an international treaty to which the Republic of Moldova is a party establishes provisions different from those provided for by administrative legislation, the provisions of the international treaty (Article 4) shall apply.
- Competence of Public Authorities: Articles 53–58 of the Code contain the basic provisions on competence: definition, types (material and territorial), mandatory nature, consequences of lack of competence, and resolution of conflicts of competence. The substantive and territorial jurisdiction of public authorities when considering administrative cases is clearly defined:
- Material Competence (Article 54): determined by law or, in the absence of regulation, by the body whose activities are closest to the nature of the legal relationship.
- Territorial Competence (Article 55): determined depending on the object of the legal relationship (real estate, enterprise, individual or legal entity, place of action). - Individual Administrative Act: Procedural Formalities (articles 117-131); Legal Consequences of an Individual Administrative Act; Annulment and Termination of Legal Force of Individual Administrative Acts.
- Preliminary Procedure: (often called the preliminary procedure, preliminarily production or pre-judicial phase) is a mandatory extrajudicial step in administrative law. It allows citizens or business to resolve disputes with government agencies directly before filing a claim in an administrative court. The purpose of preliminary proceedings is to verify the legality of individual administrative acts or if a public authority has failed to consider a petition within the time period stipulated by this Code. Filing a preliminary application; Time limit for filing a preliminary application. Filing a preliminary application is permitted only if a person claims a violation of their rights by the issuance or refusal to issue an individual administrative act.
- Administrative Litigation: General provisions. First instance proceedings. Appellate proceedings. Recourse against court non-final decisions. Recourse Proceedings. Enforcement of court decisions and judicial settlements.
Petition Submission and Processing Procedures
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Article 72. Submission of the petition
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Article 73. Registration of the petition
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Article 75. Content of the petition
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Article 78. Completion of the administrative procedure
Legal basis of the Republic of Moldova
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Administrative Code of the Republic of Moldova No. 116/2018
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Opinie consultativă CSJ nr.104 cu privire la unele chestiuni ce țin de intrarea în vigoare a Codului administrative
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Contravention Code of the Republic of Moldova No. 218/2008
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Constitution of the Republic of Moldova
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Courts of the Republic of Moldova
Law on State Fees of the Republic of Moldova
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Civil Procedure Code of the Republic Moldova
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Contravention Code of the Republic of Moldova
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Executive Code of the Republic Moldova
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Criminal Procedure Code of the Republic Moldova
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Law of the Republic of Moldova on State Fee
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State-Guaranteed Legal Aid
If you have a specific situation with a government agency or need help understanding it, please describe the details, and we will help you determine next steps, for example:
- Are you looking for information about the petition procedure and the waiting time for a response from a government agency?
- You need Details on the procedure for appealing a response to your petition?
- Do you need details on the time limits for appealing an administrative decision in court?
- Or would you like clarification regarding your right to compensation for damage caused by the authorities?
