Chapter I. Procedural Formalities in Issuing Individual Administrative Acts.
Section III. Procedure for Issuing Individual Administrative Acts.
Book II. Administrative Procedure. Administrative Code of the Republic of Moldova
Article 117. Minutes
The manner in which the legal requirements regarding the quorum and majority required for the issuance of an individual administrative act by collegial bodies are met shall be recorded in the minutes of the meeting by the person presiding over the meeting or by another person competent according to the law. Minority opinions shall be recorded separately.
Article 118. Motivation
(1) Motivation is the administrative operation by which the considerations justifying the issuance of an individual administrative act are set out. The motivation shall indicate the essential legal and factual grounds that the public authority took into account for its decision. The motivation of discretionary decisions must also be able to recognize the points of view from which the public authority emerged when exercising its discretionary right. The motivation must also refer to the arguments presented during the hearing.
(2) The full justification of an individual administrative act shall include:
a) the justification in law – the legal basis for issuing the administrative act, including the mandatory procedural forms on which the act is based;
b) the justification in fact – the appropriateness of issuing the administrative act, including the manner of exercising discretionary power, if applicable;
c) in the case of unfavourable administrative acts – a brief description of the administrative procedure that was the basis for issuing the act: investigations, evidence, hearings, opinions of participants contrary to the final content of the act, etc.
(3) The full justification shall be mandatory, shall be an integral part of the individual administrative act and shall determine its legality.
(4) The statement of reasons is not mandatory if:
a) the public authority accepts a petition in its entirety without the decision to resolve it affecting the rights or legitimate interests of other persons;
b) this is expressly provided for by law; or
c) the public authority issues individual administrative acts of the same kind in a larger number or automatically and, according to the factual circumstances of the individual case, no statement of reasons is required.
Article 119. Certainty and form of the individual administrative act
(1) The content of an individual administrative act must be sufficiently certain.
(2) An individual administrative act may be issued in writing, orally or by conclusive conduct. The form of the individual administrative act is chosen by the public authority issuing the administrative act based on the discretionary right corresponding to its obligations. The written administrative act may be issued on paper or in the form of an electronic document.
(3) At the request of a participant, the individual administrative act issued verbally shall be confirmed in writing within one week. The request shall be submitted within one month of the communication of the administrative act.
(4) The public authority may also issue a written confirmation ex officio.
Article 120. Structure of the individual administrative act issued or confirmed in writing
(1) An individual administrative act issued or confirmed in writing must include:
a) the name/designation of the public authority that issued the administrative act;
b) the name of the employee of the public authority that issued the administrative act;
c) the name of the recipient of the administrative act;
d) the date on which the administrative act was issued;
e) the decision taken (the operative part of the administrative act);
f) the justification for the decision taken, including the indication of the normative acts for the implementation of which the administrative act is issued;
g) the decision on the expenses;
h) information on the exercise of appeals;
i) the handwritten/electronic signature of the person within the public authority that issued the administrative act or, as the case may be, the electronic signature of the authority that issued the administrative act.
(2) By way of derogation from the provisions of paragraph (1) lit. b) and i), in the case of an individual written administrative act issued automatically, the name and signature data may be missing. Key signs may be used to indicate the content if, based on the explanations made in this regard, the person to whom the administrative act is intended or who is affected by it can clearly recognize the content of the administrative act.
Article 121. Signature
(1) The signing, with a holographic signature or an electronic signature, of the individual administrative act shall be made by the head of the public authority or by the person empowered by him, unless otherwise provided by law.
(2) In the case of collegial bodies, the person competent to sign the administrative act is the president of the collegial body or, as the case may be, the person designated according to the rules of organization and functioning of the collegial body.
(3) The refusal of a competent person to sign the individual administrative act validly issued by a collegial body may be covered by the signing of the act by persons established by law or designated by the collegial management body itself and shall entail the liability of those guilty.
(4) An unsigned individual administrative act is null and void.
Article 122. Countersigning
(1) In cases expressly provided for by law, individual administrative acts shall be countersigned by the persons authorized in terms of legality or appropriateness/content.
(2) Countersigning shall engage the responsibility of the persons concerned only in terms of the object of the countersigning.
(3) The sanction for the lack of countersigning shall be the nullity of the act.
Article 123. Removal of formal and procedural errors
(1) A violation of the formal and procedural provisions, which does not lead to the nullity of the individual administrative act, shall be insignificant when:
a) the request necessary to issue the administrative act is drawn up subsequently;
b) the necessary justification is subsequently recovered by the public authority;
c) the necessary hearing of a participant is subsequently carried out;
d) the decision of a commission, necessary for the issuance of the administrative act, is taken subsequently;
e) the necessary collaboration of a public authority takes place subsequently.
(2) The actions provided for in paragraph (1) may be recovered until the completion of the judicial debates in the first instance.
Article 124. Content of the information on the exercise of appeals
The information on the exercise of appeals shall contain data on:
a) the appeal to be filed;
b) the name and address of the public authority or court to which the appeal must be submitted;
c) the deadline for exercising the appeal.
Article 125. Approval
(1) Approval represents the approval given by a public authority for an individual administrative act issued by another public authority.
(2) Approval is mandatory only in cases expressly provided for by law and is made in writing within the general deadline for resolving petitions, calculated from the date of the request for approval.
(3) Failure to communicate the response to the request for approval within the legal deadline is equivalent to tacit approval of the individual administrative act.
(4) Acts subject to approval produce legal effects only from the moment of express or tacit approval.
Article 126. Communication
(1) An individual administrative act shall be communicated to the person to whom it is addressed or whose rights are affected by it. This provision shall also apply when the person whose rights are affected by the administrative act did not participate in the administrative procedure.
(2) If a person is represented by a legal representative or an authorized representative, the provisions of art. 98 shall apply accordingly.
Article 127. Form of communication
(1) The public authority shall determine the form of communication. Derogatory regulations shall be admissible only on the basis of legal provisions.
(2) Public communication of an individual administrative act shall be admissible only if ordered on the basis of legal provisions.
(3) If the notification of an individual administrative act is provided for by law or the public authority chooses this form of communication, the provisions of Articles 96–114 shall apply.
Article 128. Production of communication
(1) Communication shall be deemed to have taken place if the individual administrative act has reached the person to whom it was to be communicated. For the validity of communication, it shall be sufficient for the person concerned to have received the operative part of the administrative act.
(2) An individual administrative act shall be deemed to have been received if it has come within the sphere of the person to whom it was to be communicated, so that under normal circumstances he or she has the possibility of learning about it.
Article 129. Communication by post of an individual administrative act in writing
(1) An individual administrative act issued in writing that is sent by simple letter within the country is considered communicated on the seventh working day from its delivery to the post office. An individual administrative act transmitted by electronic means of communication is considered communicated starting from the next working day from the date of sending.
(2) The provisions of paragraph (1) do not apply if the individual administrative act did not reach or reached the recipient later.
(3) In case of doubt, the public authority is the one that proves the arrival of the individual administrative act at the recipient, as well as the date/time of its arrival.
Article 130. Admissibility of public communication
(1) If a written individual administrative act must be communicated to more than 50 persons, it may be communicated publicly. Derogatory and supplementary regulations are admitted based on legal provisions. Public communication of a written individual administrative act is made in accordance with art. 113 para. (2)–(4).
(2) Public communication of an oral individual administrative act is allowed only in cases of emergency, when communication by other means cannot be made in time. Public communication of oral individual administrative acts is made by communicating the operative part of the administrative act in the form of an announcement on loudspeakers, radio, television or in a similar manner.
Article 131. Rectification
(1) Rectification is the operation of correcting obvious errors (writing, calculation or similar errors) in an individual administrative act.
(2) The legal effects of individual administrative acts are not allowed to be modified by means of rectification.
(3) The power to rectify belongs, ex officio or at the request of the participants, to the public authority that issued the individual administrative act.
(4) The rectification produces legal effects from the moment of its communication to the participants.
(5) The public authority has the right to request the presentation of the individual administrative act to be rectified, including all legalized copies thereof that have been issued.
