Chapter I. Participants in Administrative Proceedings.
Section I. General Provisions.
Book II. Administrative Procedure. Administrative Code of the Republic of Moldova
Article 44. Participants in the administrative procedure
(1) Participants in the administrative procedure are: the public authority, any natural or legal person who requested the initiation of the procedure or in respect of whom the procedure was initiated, as well as any other person involved in the administrative procedure by the public authority.
(2) If the administrative procedure involves the need to resolve an issue regarding the common rights and obligations of several participants or the rights and obligations of the participants arise from the same factual or legal grounds, their participation in the administrative procedure is mandatory.
(3) The public authority is obliged to involve in the administrative procedure, ex officio or upon request, persons whose rights may be affected by the administrative procedure. If it is aware of such persons, the public authority shall inform them of the initiation or conduct of the administrative procedure.
(4) In order to conduct the administrative procedure expeditiously, the public authority is entitled to allow the simultaneous examination of several petitions submitted by several participants to the same public authority when, based on the material-legal relationship between the participants, they are connected by the claims claimed or common issues and when there is a possibility of their examination in the same procedure and by the same public authority. Each participant participates in the administrative procedure independently of the other participants.
(5) A person heard in the administrative procedure as a witness, expert, specialist or for other reasons does not thereby become a participant in the administrative procedure.
Article 45. Representation in the administrative procedure
(1) Natural persons participate in the administrative procedure in person or through their representatives.
(2) Natural persons who, according to civil law, do not have the capacity to act or are limited in their capacity to act shall act in the administrative procedure through their legal representatives.
(3) Legal persons shall act through their representatives.
(4) Public authorities shall act through their managers or representatives.
Article 46. Authorized representatives
(1) In the administrative procedure, participants may be represented by an authorized person. The representative's powers shall be recorded in the power of attorney (signed in handwriting or by electronic signature), in the attorney's mandate or in the power of representation based on the electronic signature created in the Register of Powers of Representation Based on the Electronic Signature (hereinafter - power of representation based on the electronic signature). Unless otherwise stated in the content of the power of attorney, mandate or authorisation based on an electronic signature, they shall confer authorisation for all procedural actions relating to the administrative procedure.
(2) Upon request, the authorised representative shall present the power of attorney, mandate or authorisation based on an electronic signature. The validity of the power of attorney is regulated by the Civil Code.
(3) If an authorised representative has been appointed for the procedure, the public authority shall address him/her. The public authority may also address the represented participant directly, if he/she is obliged to contribute to the administrative procedure. The authorised representative shall be informed of this fact without delay.
Article 47. Procedural actions of authorized representatives
(1) Procedural actions taken by the authorized representative shall be attributed to the represented participant. To the extent that the participant does not immediately contradict the actions taken by the authorized representative, they shall be deemed to have been taken by the participant.
(2) Despite the appointment of an authorized representative, the participant shall be entitled to take procedural actions himself.
(3) The fault of the authorized representative shall be attributed to the represented participant.
Article 48. Continuation of administrative proceedings
(1) If a participant dies and the administrative proceedings concern the strictly personal rights or obligations of the deceased, the proceedings shall be deemed to have been terminated.
(2) In the event of the death of a participant, if the administrative procedure concerns transferable rights or obligations, or in the event of the alienation of the property that is the subject of an administrative procedure, the public authority shall decide at its discretion whether to continue the procedure with the successor of the deceased or with the person who acquired the property. This provision shall apply accordingly in the event of the liquidation or reorganization of a legal person.
(3) If the administrative procedure continues, the public authority shall suspend it until the successor in rights is determined or until a representative of the unknown successor in rights is appointed ex officio.
(4) The suspension of the administrative procedure shall entail the suspension of all procedural deadlines.
Article 49. Persons who are not entitled to act in administrative proceedings
(1) In an administrative procedure, for a public authority, the following persons are not entitled to act:
a) themselves have the status of a participant in the administrative procedure;
b) are family members of a participant;
c) by virtue of the law or on the basis of a power of attorney/authorization based on an electronic signature, represent a participant in general or in this administrative procedure;
d) are family members of the representative of a participant in this administrative procedure;
e) carry out remunerated activity for a participant in the administrative procedure or work for it as a member of the management board, supervisory board or other such body. This provision does not apply to persons employed by a public law institution participating in the administrative procedure;
f) in the matter in question they have prepared an expert opinion or have acted in a similar manner outside their functional/service capacity.
(2) A person who, through an activity or decision, may directly have advantages or disadvantages is assimilated to a participant. This provision does not apply if the advantage or disadvantage is based solely on the fact that someone is part of a population group or professional group whose common interests are affected by the matter in question.
(3) A family member within the meaning of paragraph (1) letters b) and d) are:
a) fiancé/fiancée;
b) spouse;
c) a relative or a blood relative in the direct or collateral line up to the fourth degree inclusive;
d) persons who, through a care relationship created over a longer period, are related to each other as parents to their child (parents and child in care).
(4) The persons indicated in paragraph (3) are considered family members even when the marriage on which the relationship or domestic community was based no longer exists if the persons are still related to each other as husband and wife or as parents and child.
Article 50. Suspicions of bias
(1) Persons in respect of whom there is a reason to justify distrust of an impartial exercise of the function may also not act for a public authority in an administrative procedure.
(2) The reason indicated in paragraph (1) may exist, in particular, when the person acting for the public authority:
a) maintains close personal relations with a participant in the administrative procedure or with his legal or authorized representative;
b) has publicly expressed his opinion in a derogatory manner or in another way that can be contested with regard to a participant in this procedure;
c) has publicly expressed his opinion on the purpose of the procedure or on the assessment of evidence until the conclusion of the procedure;
d) has an economic or personal interest in the outcome of the administrative procedure.
Article 51. Declaration of abstention
(1) The person in one of the situations provided for in art. 49 or 50 is obliged to declare in writing to his hierarchical superior the conflict of interest that exists. A copy of the respective declaration shall be sent to the participants. Until the decision on the declaration is adopted and/or the conflict of interest is resolved, the person is not entitled to act for the public authority in this case.
(2) By way of exception, if there is imminent danger or a risk of delay, the person in conflict of interest must take all urgent measures that cannot be postponed.
(3) In the cases provided for in par. (1), as well as in cases where the conflict of interest is established ex officio or upon notification by an interested person, the hierarchical superior shall order the assignment of the petition to another competent person. If he/she does not have a hierarchical superior, the person in conflict of interest shall forward the petition for resolution to another person within the public authority.
(4) The member of the collegial body who is in conflict of interest shall be obliged to inform the president of the body about this. In this case, the provisions of paragraphs (1)–(3) shall apply accordingly.
Article 52. Challenging at the request of a participant
(1) On the grounds provided for in articles 49 and 50, participants in the administrative procedure may challenge persons acting for the public authority in this procedure until its completion. The request for challenge shall be submitted in writing or orally by recording it in a report.
(2) The decision on the request for challenge shall be taken within one week and communicated in writing to the participants.
(3) A new request for recusal of the same person shall be admitted only if it is based on new facts.
(4) The provisions of art. 51 shall apply accordingly.
