For the first time, the Republic of Moldova will have an Administrative Code to define the functioning of the public administration institutions and authorities. The legislative initiative has been voted today in the final reading.
The new Code aims to systematize all legal regulations regarding administrative procedure, administrative litigation into a single legislative act in order to ensure clarity, coherence and accessibility.
The new regulations determine the scope of the administrative procedure, the procedure for the administrative procedure, the participants in the administrative procedure, the administrative procedures, the administrative operations, the administrative contracts, the execution and the observance of the administrative acts, the administrative control and the appeals, etc.
Additionally, it will regulate the issuance of administrative acts by public authorities, the mechanisms for resolving petitions addressed by citizens, and will encompass all legislative acts that currently establish the legal relations of administrative law.
For the first time, the refusal to receive or examine an application will be regulated. Similarly, for the first time, it will be mandatory for the public authorities to draw up the administrative file. The notification procedure in the non-contentious procedure will also be regulated, it will be possible to conclude the settlement agreement between the parties both in the non-contentious procedure and in the contentious procedure.
The draft Administrative Code is structured in four books dealing with the uniformity of legal solutions and the regulation of legal situations signaled by administrative jurisprudence. It also provides for the simplification of the means of action of the public administration through the coherence and predictability of procedures and ensuring the stability of administrative procedures.
According to the authors, the document aims to clarify the principles, concepts, stages of the administrative procedure, remedies and the legal regime of acts, operations and administrative contracts, in order to ensure respect for the rights and freedoms provided by the law of natural and legal persons, account of the public interest and the rule of law.
The Administrative Code of the Republic of Moldova is due to enter into force on 1 April 2019.