Chapter III. Legal Consequences of an Individual Administrative Act.
Section III. Procedure for Issuing Individual Administrative Acts.
Book II. Administrative Procedure. Administrative Code of the Republic of Moldova
Article 139. Validity of individual administrative acts
(1) An individual administrative act becomes valid for the person to whom it is addressed or who is affected by it at the time it is communicated to him, except in the case where the administrative act itself establishes a later date for its binding effect.
(2) An individual administrative act becomes valid with the content with which it is communicated.
(3) An individual administrative act remains valid as long as it is not withdrawn, revoked or annulled in any other way or has not expired by the expiration of time or in any other way.
(4) Individual administrative acts are respected by the issuing public authority, other public authorities, their recipients and third parties.
(5) A void individual administrative act does not produce legal effects.
Article 140. The force of res judicata of individual administrative acts
An individual administrative act acquires the force of res judicata when it can no longer be contested either by prior means or by action in the competent court. If an individual administrative act has several recipients or several persons are affected by it, the force of res judicata may occur at different times for each of these persons.
Article 141. Nullity
(1) An individual administrative act is null and void if it contains a particularly serious defect and this is evident in the conclusive assessment of all the circumstances taken into account.
(2) An individual administrative act is also null and void:
a) if its execution requires the commission of an illegal act, which constitutes a component of a contravention or a criminal act;
b) if for real reasons no one can execute it;
c) if it is contrary to good morals;
d) if a person who is not entitled to participate in the administrative procedure pursuant to art. 49 para. (1) contributed to its issuance;
e) if it was issued in writing, but the issuing public authority cannot be identified;
f) in other cases provided for by law.
(3) In the case of partial nullity of an individual administrative act, it is null in its entirety if the public authority would not have issued the respective administrative act without the part affected by the nullity.
(4) The public authority may establish nullity at any time ex officio. Upon request, nullity shall be established to the extent that the applicant has a legitimate interest in requesting it.
Article 142. Prescription
An individual administrative act issued for the establishment or realization of the right of a subject of public law prevents the prescription of this right. The impediment ceases with the occurrence of the impossibility of contesting the administrative act or after 6 months from its resolution in another way.
