Administrative Code of Moldova voted in first reading by parliament

Chisinau, 06 July /MOLDPRES/ – For the first time, Moldova will have an Administrative Code that will define the functioning of the public administration institutions and authorities. This is the legislative initiative of a MPs group and it was voted by the Parliament in the first reading today, the parliament’s communication and public relations department has reported.

The new Code will regulate the issuance of administrative acts by public authorities, mechanisms for solving petitions addressed by citizens and encompass all legislative acts that currently establish the legal relations of administrative law.

Firstly, the refusal to receive or examine an application will be regulated. Similarly, in premiere, it will be mandatory for public authorities to draw up the administrative file. Also, the notification procedure in the non-contentious procedure will be regulated and it will be established the possibility of concluding the settlement agreement between the parties in the non-contentious procedure as well as in the contentious procedure.

The draft Administrative Code is structured in three books dealing with the uniformity of legal solutions and the regulation of legal situations signaled by administrative jurisprudence. It also provides for simplification of the means of action of the public administration through the coherence and predictability of procedures and ensuring the stability of administrative procedures.

The first book clarifies the terms and institutions of the administrative procedure (petition, individual administrative act, administrative contract, real act, administrative operation, etc.). It regulates the principles of administrative proceedings and administrative litigation. The second book is devoted to the non-contentious administrative procedure, especially, it regulates the status of the participants in the administrative procedure, the legal regime of competence, the terms in the administrative procedure, etc. The third book of the project strengthens the administrative contentious institution by describing the procedure for addressing and settling disputes of administrative litigation in the court.

The purpose of the project is 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 law of natural and legal persons, taking into account the interest and the rule of law.

The project is to be discussed and voted in final reading.