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.
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.
Brief explanations
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).
The Administrative Code (Table of Contents)
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- Book I. General Provisions:
Administrative production establish the procedure for interaction between public authorities and citizens and legal entities in resolving petitions (applications, complaints, requests, etc.). Principles of administrative law, Participants in administrative production.
Deadlines of administrative production: The general deadline within which an administrative procedure must be completed is 30 days, unless the law provides otherwise. -
- Book II. Administrative production:
Administrative production establish the procedure for interaction between public authorities and citizens and Legal entities for the resolution of petitions (applications, complaints, requests, etc.). Rules for the issuance, entry into force, and contestation of individual administrative acts.
Submission of the petition: An administrative procedure may be initiated by petition or it may be part of an already initiated administrative procedure. Content of the petition. -
- Book III. Administrative Litigation:
1) Procedure for pre-trial dispute resolution
2) Rules for filing claims in court.
Any person who believes their rights have been violated by the administrative activities of a public authority may file application for administrative litigation. An administrative litigation may also be filed if the public authority fails to consider the application within the time period established by law.
The main goal is to protect their rights in court and restore the rights of citizens and legal entities violated due to abuse of power, illegal actions, or inaction of public authorities, as well as the cancellation of unlawful administrative decisions or individual administrative acts.
