Overview. Administrative procedure
Administrative procedure in the Republic of Moldova are regulated by Book II of the Administrative Code.
Administrative procedure establish procedure for interaction of public authorities with citizens and legal entities in resolving petitions (applications, complaints, requests, etc.).
Participants in administrative procedure
Participants in administrative procedure (Article 44): Participants in administrative procedure re the public authority, any natural or legal person who has applied for the initiation of procedure or against whom procedure have been initiated, as well as any other person invited to participate in the administrative procedure by the public authority.
Legal regime of competence of public authorities - Main elements:
- Competence of authorities (Article 53): Competence is the totality of powers granted by law or other normative acts to public authorities or persons within public authorities.
Questions of material and territorial competence of public authorities in the consideration of administrative cases:
- 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 implementation actions).
Time Limits of Administrative Procedure - Key Elements
- General Time Limit (Article 60)
(1) The general time limit within which administrative procedure must be completed is 30 days, unless otherwise provided by law.
(2) The general time limit shall commence:
- a) from the date provided by law for the exercise of a specific power;
- b) from the date of registration of the application by a higher public authority or control body;
- c) from the date of registration of the complete application, if necessary with all documents, or from the date of transmission of the petition to the competent public authority.
If the submitted application is incomplete, the public authority shall invite the applicant to submit the missing documents, setting a time limit for this.
(3) In the case of filing an application for In the case of compensation for damage caused by the issuance of an unlawful individual or regulatory administrative act, the general period shall commence on the date of entry into force of the court's decision to annul the unlawful administrative act. In the event of annulment of an unlawful administrative act by a public authority, the general period shall commence on the date the decision to annul the unlawful administrative act becomes incontestable. - Refusal to Consider or Failure to Consider an Application within the Established Time Limit (Article 64)
(1) The public authority shall be obliged to consider the application in accordance with its competence and within the time limit established by law.
(2) Refusal to accept or consider an application shall be equivalent to its rejection. The same rule shall apply in the event of failure to consider an application within the time limit established by law.
(3) Notwithstanding the provisions of paragraph (2), in cases expressly provided for by law, failure to consider an application within the time limit shall be equivalent to its satisfaction.
Main stages of administrative procedure:
- Initiation (Article 69): May be initiated upon a written request from an interested party or upon the direct initiative of a public authority.
Administrative procedure are initiated either upon a written request from an interested party (citizen or legal entity) from the moment the petitioner files a petition, or upon the public authority's own initiative. - Filing a petition (Article 72): A petition may serve as the basis for initiating administrative procedure or may be included in already initiated administrative procedure.
A petition may be:
- a) submitted in writing to a public authority or sent to it by mail or fax;
- b) transmitted in electronic form. - Contents of the Petition (Article 75): The petition must contain the following elements:
- a) the surname and first name or title of the applicant;
- b) the place of residence or seat of the applicant and e-mail address, if a response is requested in this manner;
- c) the name of the public authority;
- d) the subject of the petition and its justification;
- e) the signature of the applicant or his legal or authorized representative, and in the case of a petition submitted electronically, an electronic signature.
(2) For the purpose of promptly exercising the right to submit petitions, public authorities may provide applicants with application forms within their area of competence, both in electronic format, through their official websites. - Registration of the Petition (Article 73): The public authority is obliged to promptly accept and register A petition or other documents submitted within the framework of administrative procedure. A public authority may not refuse to accept a petition solely on the grounds that it does not consider itself competent or considers the petition inadmissible or unfounded.
If petitions or documents are submitted electronically, the public authority is obliged to communicate the petition registration number by the same means within no more than two days. - Review of Petitions (Article 77): Employees of public authorities are obliged to review only petitions received through distribution; they are prohibited from accepting petitions directly from applicants or interfering in their consideration beyond the scope of the law.
- Investigation (Article 85): Participants in administrative procedure must present the facts on which their petition is based clearly, briefly, and in good faith. The oral presentation is recorded in the minutes. During the investigation of the circumstances of the case, participants in the administrative procedure are obligated to cooperate with the public authority and present evidence and facts known to them, including presenting documents in their possession.
- Completion of Administrative Procedure (Article 78): Administrative procedure are concluded by the implementation of an administrative action or the issuance of an individual administrative act or the conclusion of an administrative agreement.
Preliminary Procedure - Basic Elements
- Purpose of Preliminary Procedure (Article 162)
(1) The purpose of preliminary procedure is to verify the legality of individual administrative acts.
(2) If a public authority has not examined a petition within the time limit provided for by this Code, the affected person has the right to file a preliminary application.
(3) A preliminary application may be aimed at:
- a) full or partial repeal of an illegal or invalid individual administrative act;
- b) issuance of an individual administrative act. - Failure to Carry Out the Procedure for Considering a Preliminary Application (Article 163)
The procedure for considering a preliminary application shall not be carried out if:
- a) the individual administrative act is issued by the Government, a local council, or the People's Assembly of Gagauzia;
- b) the decision on the preliminary application would worsen the person's position compared to the position under the initial decision;
- c) the law expressly provides for an appeal to a court. - Submission of a Preliminary Application (Article 164)
(1) A preliminary application shall be submitted in writing, on paper or in electronic form to the issuing public authority.
(2) The issuing public authority is:
- a) in the case provided for in subparagraph a) of paragraph (3) of Article 162 – the public authority that issued the individual administrative act;
- b) in the case provided for in subparagraph b) of paragraph (3) of Article 162 – the public authority that refused to issue the individual administrative act.
(3) If a preliminary application is submitted to a higher public authority, it shall promptly forward the preliminary application and any application for suspension of the execution of the individual administrative act to the issuing public authority. The day of filing an application with a higher public authority shall be considered the day of filing the application with the issuing public authority. The period for considering an application for suspension of the execution of an individual administrative act, as provided for in paragraph (3) of Article 172, shall begin on the day the application is registered with the issuing public authority.
(4) A preliminary application, not designated as such, may not be rejected on this basis if it clearly demonstrates the intent to defend against the decision whose subject matter is the issuance of the individual administrative act. - Deadline for Filing a Preliminary Application (Article 165)
(1) A preliminary application shall be filed within 30 days from the date of notification or service of the individual administrative act or the rejection of the petition. If the public authority has not considered the application within the time limit specified by this Code, it may be submitted within one year after the expiration of the time limit. - Right to Submit a Preliminary Application (Article 166)
Submitting a preliminary application is permitted only if a person claims that his or her rights have been violated by the issuance or refusal to issue an individual administrative act. - Consideration of a Preliminary Application by the Issuing Public Authority (Article 167)
(1) The issuing public authority that recognizes the preliminary application as admissible and justified shall annul the contested individual administrative act in whole or in part or issue the requested individual administrative act.
(2) The issuing public authority that rejects a preliminary application in whole or in part as inadmissible or unjustified shall transfer the administrative case along with all related documents to a higher public authority authorities.
(3) The period for consideration of the preliminary application by the issuing public authority shall be 15 calendar days. The provisions of paragraphs (2)–(5) of Article 60 shall apply accordingly.
Administrative Litigation
If you disagree with the actions or decisions taken by a public authority, you can appeal them.
According to Book III of the Administrative Code Administrative Litigation, decisions can be challenged in specialized courts.
Pre-trial mandatory stage: Before filing a lawsuit, you must file a preliminary application to the public authority that issued the act or whose actions (inactions) you wish to appeal.
If you have a specific situation, please describe the type of claim or complaint you are making so I can advise on the exact timeframe and steps to resolve it.
- Do you need information about filing a complaint?
- Are you interested in the statutory timeframes within which a government agency must respond to you?
- Want detailed information about filing petitions?
- What is the essence of the petition - challenging a fine, decision of a government agency or official inaction?
- What stage are you at now (should you file a preliminary complaint or should you file a lawsuit)?
