The Administrative Code of the Republic of Moldova regulates relations between citizens, businesses, and public authorities.
It protects citizens' rights from unlawful actions or inaction by officials and resolves disputes with government agencies.
Types of actions in administrative litigation (Article 206)
(1) An administrative litigation action may be filed for:
a) the annulment in whole or in part of an individual administrative act (action in challenge);
b) the obligation of the public authority to issue an individual administrative act (action in obligation);
c) imposing an action, tolerating an action or not to act (action in progress);
d) establishing the existence or non-existence of a legal relationship or the nullity of an individual administrative act or an administrative contract (action in progress); or
e) annulling, in whole or in part, a normative administrative act (action in progress of regulatory control).
The main issues that can be resolved using the Administrative Code:
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- Appealing the actions of officials:
Challenging illegal decisions, actions, or inactions of public authorities (ministries, city halls, agencies) -
- Obtaining compensation:
Claim compensation for material or moral damage caused by illegal administrative activity. -
- Resolving disputes over the issuance of documents:
Forcing government agencies to issue licenses, permits, certificates, or IDs if they were unreasonably refused. -
- Challenging fines:
Filing an administrative claim to cancel unjustified fines and sanctions issued by state inspectorates or police.
1) Legal regime of the competence of public authorities - basic elements:
The competence of public authorities is the totality of powers granted by law or other regulatory acts to public authorities or persons within public authorities.
Material and territorial competence of public authorities in considering administrative cases:
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- Material competence (Article 54):
is determined by law or, in the absence of regulation, by the body whose activities are closest to the nature of the legal relationship. -
- Territorial competence (Article 55):
is determined depending on the object of the legal relationship (real estate, enterprise, individual or legal entity, place of implementation).
