The Administrative Code 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.
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.
Main Provisions and Objectives of the Code:
- Legal Protection: Regulated in particular by the following articles: Legal Hearings and the Right to a Fair Trial (Article 38); Free Access to Justice (Article 39); The Right to Defense (Article 40); Ensuring Effective Protection of Rights (Article 219); Judicial Decisions (Article 224).
- Principles: The Code enshrines the fundamental principles of administrative proceedings, such as equality before the law, the presumption of innocence, and ensuring due process. See General Principles (Articles 21–26); Principles of Administrative Proceedings (Articles 27–35); Principles of Administrative Procedure (Articles 36–39).
- 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 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.
The Code consists of four books:
- Book One General Provisions
- Chapter I Administrative Legislation
Chapter II Definitions of Certain Concepts
Chapter III Principles
- Chapter I Administrative Legislation
- Book Two Administrative Procedure
- Section I General Provisions
Chapter I Participants in Administrative Proceedings
Chapter II Legal Framework for the Competence of Public Authorities
Chapter III Time Limits for Administrative Proceedings
Chapter IV Institutional and Transparency Aspects - Section II Stages of Administrative Proceedings
Chapter I Initiation and Completion of Administrative Proceedings
Chapter II Procedural Incidents and Procedural Rights
Chapter III Clarification of the Circumstances of the Case and Obtaining Evidence
Chapter IV Hearing of Participants
Chapter V Communication within Administrative Proceedings
Chapter VI Procedural Costs - Section III Procedure for Issuing Individual Administrative Acts
Chapter I Procedural Formalities in Issuing Individual Administrative Acts
Chapter II Issuance of Individual Administrative Acts
Chapter III Legal Consequences of an Individual Administrative Act
Chapter IV Annulment and Termination of Legal Force of Individual Administrative Acts. - Section IV Administrative Contract
- Section V Preliminary Proceedings
- Section VI Resumption of Proceedings
- Section VII Enforcement of Individual Administrative Acts and Administrative Contracts:
Chapter I General Provisions
Chapter II Enforcement of Monetary Claims
Chapter III Coercion to Act, Allow Acts, or Refrain from Acting
- Section I General Provisions
- Book Three. Administrative Proceedings.
- Chapter I General Provisions.
Chapter II First-Instance Proceedings
Chapter III Appeal Proceedings
Chapter IV Cassation Appeals against Court Rulings
Chapter V Cassation Proceedings
Chapter VI Enforcement of Court Decisions and Court-Related Settlement Agreements
- Chapter I General Provisions.
- Book Four. Final and Transitional Provisions
Petition Filing Procedure
Filing a Petition (Article 72)
- Written Form: May be submitted in person, by mail, or fax.
- Electronic Form: Comply with legal requirements for electronic documents.
- Oral Form: Submitted in the presence of a government representative and recorded in the minutes.
Registration of a Petition (Article 73)
The public authority is obliged to promptly accept and register the petition. Refusal to accept a petition on the grounds of inadmissibility or lack of justification is prohibited. Petitions submitted in writing or by fax are considered filed upon registration. Petitions sent by registered mail are considered filed on time if submitted before the deadline. When submitted electronically, the agency must provide the petition's registration number within two days.
Petition Forwarding (Article 74)
If the petition falls within the jurisdiction of another agency, the original is forwarded to the competent agency within five working days, and the applicant is notified accordingly.
Petition Contents (Article 75)
- Surname, first name, or company name of the applicant.
- Place of residence or registered office, and email address (if a response is requested).
- Name of the public authority.
- Subject of the petition and its justification.
- Signature of the applicant or their legal representative, or electronic signature for electronic petitions.
Public authorities may provide application forms for ease of submission.
Penalties for Missing Petition Elements (Article 76)
Anonymous petitions and petitions without the applicant's address will not be considered. If there are any deficiencies, the applicant is given a period to correct them; otherwise, the petition will not be considered. Petitions containing insults, threats, etc. will not be considered on their merits.
Competence of Authorities:
- 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).
According to Article 2, Part (3) of the Administrative Code of the Republic of Moldova, the provisions of this Code shall not apply in the following cases:
The provisions of this code shall not apply:
- 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.
The purpose of administrative legislation is to regulate the process of implementing administrative activities and judicial review of these activities, aimed at ensuring compliance with the rights and freedoms of individuals and legal entities provided for by law, taking into account public interests and the norms of the rule of law.
Legal basis of the Republic of Moldova
-
Administrative Code of the Republic of Moldova No. 116/2018
-
Contravention Code of the Republic of Moldova No. 218/2008
-
Constitution of the Republic of Moldova
