Preliminary Procedure - Basic Elements
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.).
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.
Preliminary Procedure - Basic Elements
Article 162. Purpose of Preliminary Procedure
(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.
Article 163. Failure to Carry Out the Procedure for Considering a Preliminary Application
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.
Article 164. Submission of a Preliminary Application
(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.
Article 165. Deadline for Filing a Preliminary Application
(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.
Article 166. Right to Submit a Preliminary Application
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.
Article 167. Consideration of a Preliminary Application by the Issuing Public Authority
(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.
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)?
