Chapter II. Definitions of Certain Concepts. Book One: General Provisions. Administrative Code of the Republic of Moldova
Article 5. Administrative activity
Administrative activity represents the totality of individual and normative administrative acts, administrative contracts, real acts, as well as administrative operations carried out by public authorities in the regime of public power, through which the application of the law is organized and the law is directly applied.
Article 6. Administrative procedure
(1) Administrative procedure is the activity of public authorities with external effect, aimed at examining the conditions, preparing and issuing an individual administrative act, examining the conditions, preparing and concluding an administrative contract or examining the conditions, preparing and undertaking a measure strictly of public authority.
(2) Issuing an individual administrative act, concluding an administrative contract or undertaking a measure strictly of public authority are parts of the administrative procedure.
Article 7. Public authorities
A public authority is considered to be any organizational structure or body established/established by law or by another normative act, which acts under the regime of public power for the purpose of achieving a public interest.
Article 8. Regime of public power
The regime of public power represents the set of powers provided by law in order to carry out the tasks of public authorities, which gives them the possibility of imposing themselves with binding legal force in their relations with natural or legal persons.
Article 9. Petition
(1) A petition, for the purposes of this code, means any request, notification or proposal addressed to a public authority by a natural or legal person.
(2) By request, the issuance of an individual administrative act or the performance of an administrative operation is requested.
(3) By notification, the public authority is informed about a matter of personal or public interest.
(4) By proposal, the public authority is sought to carry out actions of public interest.
Article 10. Individual administrative act
(1) An individual administrative act is any provision, decision or other official measure taken by the public authority to regulate an individual case in the field of public law, with the aim of directly producing legal effects, by creating, modifying or extinguishing legal relationships under public law.
(2) The decision of the public authority on the granting of compensation for damages caused by illegal administrative activity is an individual administrative act.
Article 11. Categories of individual administrative acts
(1) Individual administrative acts may be:
a) unfavorable acts – acts that impose obligations, sanctions, burdens on their recipients or affect the legitimate rights/interests of persons or that reject, in whole or in part, the granting of the requested advantage;
b) favorable acts – acts that create a benefit or advantage of any kind for their recipients.
(2) The recipient of an individual administrative act is only the person to whom the administrative act is addressed. Third parties, whose rights are affected by the individual administrative act, are not its recipients.
(3) An administrative act for the periodic granting of material or monetary benefits is an individual administrative act by which such a benefit is granted for a determined or indefinite number of successive periods.
Article 12. Normative administrative act
A normative administrative act is a legal act subordinate to the law adopted, approved or issued by a public authority on the basis of constitutional or legal provisions, which is not subject to constitutional review and establishes mandatory application rules for an indefinite number of identical situations.
Article 13. Administrative contract
An administrative contract is a contract that may give rise to, modify or extinguish a legal relationship under public law, unless otherwise provided by law.
Article 14. Real acts
(1) A real act is an administrative activity under public law that does not aim at a concrete or abstract regulation, but at a real result.
(2) Real acts are, in particular, information, warnings or recommendations of public authorities and actions taken by them.
(3) To the extent that the provisions of this Code do not contain mandatory regulations, the provisions relating to individual administrative acts shall apply accordingly to real acts, unless this is excluded on the basis of the differences between the individual administrative act and the real act.
Article 15. Administrative operations
(1) Administrative operations are manifestations of will or activities of public authorities that do not produce legal effects as such.
(2) Administrative operations may only be contested simultaneously with the individual administrative act, with the exception of administrative operations that are enforceable or directed against a third party.
Article 16. Discretionary right of the public authority
(1) The discretionary right of the public authority represents its possibility to choose between several possible solutions corresponding to the purpose of the law when applying a legal provision.
(2) The exercise of discretionary right does not allow the performance of an arbitrary administrative activity.
Article 17. Infringed right
An infringed right is any right or freedom established by law that is infringed by administrative activity.
Article 18. Public interest
The public interest concerns the rule of law, democracy, the guarantee of the rights and freedoms of individuals, as well as their obligations, the satisfaction of social needs, the exercise of the powers of public authorities, their legal and proper functioning.
Article 19. Preliminary request
The preliminary request is the institution that offers a way of prejudicial resolution of administrative disputes.
Article 20. Administrative litigation action
If an administrative activity violates a legitimate right or a freedom established by law, this right may be claimed through an administrative litigation action, on which the courts competent to examine the administrative litigation procedure decide, according to this code.
