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ADMINISTRATIVE CODE OF THE REPUBLIC OF MOLDOVA

of July 19, 2018 No. 116

The parliament accepts this code.

Book the first. General provisions

Chapter I Administrative legislation

Article 1. Administrative legislation

(1) the Administrative legislation represents the fundamental legal base providing regulation of the administrative relations when implementing administrative activities and judicial control of these activities.

(2) the Administrative legislation is based on the constitutional regulations which gained development in this code, other laws and others, subordinate legislations which govern the administrative relations and which shall correspond to the Constitution of the Republic of Moldova.

(3) Subordinate legislations are applied in case of regulation of the administrative relations only if they are published based on the law and do not contradict it.

Article 2. Regulation of the administrative relations

(1) Provisions of this Code determine legal status of participants of the administrative relations, powers of administrative authorities of the public power and degrees of jurisdiction, competent to consider administrative disputes, the rights and obligations of participants of administrative production and administrative legal proceedings.

(2) the Certain aspects concerning administrative activities for specific spheres of activity can be regulated by the special legislative arrangements departing from provisions of this Code, only if such regulation is extremely necessary and does not contradict the principles of this Code.

(3) Provisions of this Code are not applied:

a) to the private-law relations which participants are bodies of the public power;

b) to legal relationship of the bodies of the public power which are acting on the basis of the Code about offenses or the Criminal code;

c) to the acts which are subject to control of constitutionality from the Constitutional court;

d) to the procedure of development and adoption of regulations.

Article 3. Purpose of the administrative legislation

The purpose of the administrative legislation is the regulation of process of implementation of administrative activities and judicial control of these activities aimed at ensuring compliance with the rights provided by the law and freedoms of physical persons and legal entities taking into account public concerns and regulations of the constitutional state.

Article 4. Administrative legislation and international agreements

If the international treaty, one of the parties of which is the Republic of Moldova, other provisions than provided by the administrative legislation are established, provisions of the international treaty are applied.

Chapter II Determination of some concepts

Article 5. Administrative activities

Administrative activities represent set of individual and normative administrative acts, administrative agreements, real acts, and also the administrative actions performed by bodies of the public power in the mode of the public power through which application of the law will be organized and the law is directly applied.

Article 6. Administrative production

(1) Administrative production is the activities of bodies of the public power having external consequences sent for consideration of conditions for the edition of the individual administrative act, its preparation and the edition, consideration of conditions for the conclusion of the administrative agreement, its preparation and the conclusion or consideration of conditions for acceptance of the measure relating especially to the public power, its preparation and acceptance.

(2) the Edition of the individual administrative act, the conclusion of the administrative agreement or acceptance of the measure relating especially to the public power are parts of administrative production.

Article 7. Bodies of the public power

Body of the public power any organizational structure or body operating in the mode of the public power for the purpose of realization of public interest founded by the law or other regulation are recognized.

Article 8. Mode of the public power

The mode of the public power represents set of the powers provided by the law on realization of tasks of the bodies of the public power giving to their actions in the relations with physical or legal entities binding legal force.

Article 9. Petition

(1) For the purpose of of this Code the petition is understood as any statement, the address or the offer addressed by physical person or legal entity to body of the public power.

(2) By means of the statement the edition of the individual administrative act or implementation of administrative action is asked.

(3) By means of the address the body of the public power is informed on the certain problem which is of private or public interest.

(4) the Offer is directed to making by body of the public power of the certain actions which are of public interest.

Article 10. Individual administrative act

(1) the Individual administrative act is the any order, the decision or other official measure accepted by body of the public power for regulation of isolated case in the field of the public law for the purpose of generation of direct consequence in law through creation, change or the termination of the public relations.

(2) the Decision of body of the public power on provision of compensation of the damage caused by illegal administrative activities is the individual administrative act.

Article 11. Types of individual administrative acts

(1) Individual administrative acts are subdivided on:

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