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ADMINISTRATIVE CODE OF THE REPUBLIC OF MOLDOVA

of July 19, 2018 No. 116

(as amended on 11-11-2021)

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:

a) encumbering - the acts assigning to their addressees obligations, sanctions, orders or mentioning the rights / legitimate interests of persons or fully or partially refusing provision of the requested benefit;

b) favoring - the acts bringing to their addressees benefit or benefit of any sort.

(2) Addressee of the individual administrative act is only person to who the corresponding administrative act is directed. The third parties whose rights are affected by the individual administrative act are not his addressees.

(3) the Administrative act about regular provision of material or money payments is the individual administrative act by which such payment is provided during certain or uncertain number of consecutive periods of time.

Article 12. Normative administrative act

The normative administrative act is the subordinate legal act adopted, approved or published by body of the public power based on the constitutional or legislative provisions, which is not subject to control of constitutionality and establishing obligatory procedure for application for uncertain number of identical situations.

Article 13. Administrative agreement

The administrative agreement is agreement which the public relations are established, change or stop if the law does not provide other.

Article 14. Real acts

(1) the Real act is the public administrative activities aimed not at specific or abstract regulation, and at real result.

(2) Real acts are, in particular, reference information, preventions or recommendations of bodies of the public power and actions taken by them.

(3) In part in what provisions of this Code do not contain imperative requirements, the provisions relating to individual administrative acts are applied to real acts as appropriate if it is not excluded by distinctions between the individual administrative act and the real act.

Article 15. Administrative actions

(1) Administrative actions are the declarations of will or action of bodies of the public power which are not generating consequence in law as such.

(2) Administrative actions can be challenged only together with the individual administrative act, except for the administrative actions which are subject to execution or directed against the third parties.

Article 16. Discretional law of body of the public power

(1) the Discretional law of body of the public power consists in option it in case of application of any legislative provision of one of several possible decisions answering the law purpose.

(2) Implementation of discretional law does not allow arbitrary behavior in administrative activities.

Article 17. The violated right

The violated right is the any right or freedom restrained by administrative activities established by the law.

Article 18. Public interest

Law and order, democracy, providing the rights and freedoms of persons, and also their obligations, satisfaction of social needs, implementation of powers of bodies of the public power, their proper functioning within the law belong to the sphere of public interest.

Article 19. Provisional statement

The provisional statement represents the institute giving the chance of pre-judicial permission of administrative disputes.

Article 20. Administrative claim

In case of violation owing to the administrative activities of the right or freedom established by the law administrative claim in which decision is made by degrees of jurisdiction, competent to perform administrative legal proceedings according to this code can be submitted.

Chapter III Principles

Part 1 General principles
Article 21. Legality

(1) Organa of the public power and competent degrees of jurisdiction shall be effective according to the law and other regulations.

(2) Implementation of warrants of law cannot contradict the purpose for which they were established.

(3) Organa of the public power and competent degrees of jurisdiction has the right to limit implementation of the rights and freedoms of persons only in cases and under the conditions which are directly established by the law.

Article 22. Research on own initiative

(1) Organa of the public power and competent degrees of jurisdiction research the facts of the case on own initiative. They determine method and amount of investigation and are not connected by either arguments of participants, or their petitions for reclamation of proofs.

(2) the return will not be proved Yet, the facts known to bodies of the public power or competent degrees of jurisdiction, the facts of common knowledge and the facts assumed owing to legislative provisions do not require the proof.

Article 23. Equal relation

(1) Organa of the public power and competent degrees of jurisdiction are effective with respect for the principle of equality and nondiscrimination.

(2) Organa of the public power and competent degrees of jurisdiction shall treat persons which are in similar situations equally. Any difference in the relation shall be objectively reasonable.

(3) Both within administrative production, and within administrative legal proceedings or by results of those nobody can use privileges, cannot be restrained in the rights, it is deprived of the rights or it is exempted from obligations on the basis of race, family origin, floor, language, nationality, nationality, religion, political or ideological convictions, education, financial or social position.

Article 24. Conscientiousness

(1) Participants of administrative production and administrative legal proceedings shall perform honesty the rights and fulfill the duties, without violating procedural law of other participants.

(2) the Participant allowing abuses when implementing the procedural law or from bad faith fulfilling the procedural duties, bears responsibility according to the law for the material and moral damage caused to them.

Article 25. Impartiality

Bodies of the public power and competent degrees of jurisdiction shall perform without prejudice the warrants of law irrespective of their beliefs or interests of persons which represent them.

Article 26. Production language

Production in bodies of the public power and in competent degrees of jurisdiction is conducted in language, stipulated by the legislation.

Article 27. Application of reasonable time

If this code or other special laws does not establish certain term, bodies of the public power and competent degrees of jurisdiction shall take actions in reasonable time.

Part 2 Principles of administrative production
Article 28. Efficiency

(1) Administrative production is performed by the simple, adequate, operational and effective way corresponding to its purpose. Implementation of administrative production with use of electronic means of communication is obligatory in all cases when these means can be used, except as specified, when the law provides other.

(2) Administrative production is performed in writing, on paper or in electronic format if urgent nature of any measure does not require oral conducting administrative production.

Article 29. Harmony

(1) Any measures taken by body of the public power affecting the rights or freedoms provided by the law shall answer the principle of harmony.

(2) the Measures taken by body of the public power are considered proportional if it:

a) is suitable for achievement of the pursued purpose according to the power conferred by the law;

b) it is necessary for achievement of this purpose;

c) it is reasonable.

(3) the Measures taken by body of the public power are considered reasonable if the intervention made by it is not disproportionate the pursued purpose.

Article 30. Legal definiteness

(1) Organa of the public power cannot take measures, retroactive, the cases except for provided by the law.

(2) Organa of the public power cannot take the measures mentioning final legal situations or the acquired rights, except as specified, when according to the law it is extremely necessary in public concerns.

Article 31. Reasons

Written individual administrative acts and administrative actions require reasons.

Article 32. Clearness and transparency of actions of body of the public power

(1) Administrative production will be organized so that each its stage was clear to his participants. If from any participant of production it is required to perform certain operations, the procedure for their implementation is clearly and it is clear explained to it.

(2) Organa shall provide to the public power in the procedure provided by the law free participation of interested persons in administrative production.

Article 33. Communication

Interdepartmental communication and communication with participants or the public within administrative production are performed by all means (verbal communication, mail, phone, the fax, e-mail etc.), at the same time preference is given to the means providing big efficiency, efficiency and economy of costs, in particular to electronic means of communication.

Article 34. Interaction

Bodies of the public power shall help and cooperate for the purpose of realization of the powers conferred to them by the law.

Article 35. Responsibility

Bodies of the public power and physical persons representing them bear according to the law, on circumstances, criminal, pravonarushitelny, civil or disciplinary responsibility for non-realization or inadequate implementation of administrative activities.

Part 3 Principles of administrative legal proceedings
Article 36. Supremacy of law

(1) the Degree of jurisdiction, competent to consider administrative claims, shall observe the principle of supremacy of law according to which advantage of the person, its rights and freedoms are the supreme values and are guaranteed by the state.

(2) Competent degrees of jurisdiction apply the principle of supremacy of law taking into account court practice of the European Court of Human Rights.

Article 37. Independence of judges

When implementing judicial control of administrative activities competent degrees of jurisdiction and judges are independent and submit only to the law. Any intervention in judicial activities is inadmissible and attracts the responsibility provided by the law.

Article 38. Legal hearings and right to fair trial

(1) Before adjudication in the first instance participants of production are given opportunity to express the reasons. Hearings can be carried out orally or in writing.

(2) Any person has the right to fair trial of its case in reasonable time by the independent and impartial degree of jurisdiction created based on the law. For this purpose the degree of jurisdiction shall take all measures permitted by the law and provide operational implementation of legal proceedings.

Article 39. Open entry to justice

(1) Judicial control of administrative activities is guaranteed and it cannot be limited.

(2) Any person whose right is violated by body of the public power in sense of Article 17 or dissatisfaction of the statement in the time established by the law, can address to competent degree of jurisdiction.

Article 40. Right of defense

(1) the Right of defense is guaranteed.

(2) opportunity to participate in all stages of its implementation is provided to Participants of legal proceedings.

(3) the Degree of jurisdiction can demand corporal appearance of participants of legal proceedings even in the presence from them representatives.

Article 41. Ustnost

Legal proceedings on administrative cases are carried out orally if the law does not provide other.

Article 42. Spontaneity

The research of proofs is performed by directly competent degree of jurisdiction considering dispute if the law does not provide other.

Article 43. Competitiveness and procedural equality of participants of legal proceedings

Hearing of cases according to the procedure of administrative legal proceedings is performed on the basis of the principle of competitiveness and procedural equality of participants of legal proceedings.

Book the second. Administrative production

Section I General provisions

Chapter I Participants of administrative production

Article 44. Participants of administrative production

(1) Participants of administrative production are the body of the public power, any physical person and legal entity which addressed for initiation of production or concerning which production is initiated, and also any other person recruited in administrative production by body of the public power.

(2) If administrative production assumes need of the solution of question of common laws and obligations of several participants or if the rights and obligations of participants have the same actual or legal basis, their participation in administrative production is obligatory.

(3) the Body of the public power shall, on own initiative or according to the statement, to recruit in administrative production of persons whose rights can be affected by administrative production. If the body of the public power knows of such persons, it shall report to them about initiation of administrative production or about its carrying out.

(4) For the purpose of operational implementation of administrative production body of the public power has the right to allow dual prosecution of several petitions submitted several participants to the same body of the public power if based on material legal relationship between these participants of the petition are connected by the imposed requirements or general questions and if they can be considered in single production by the same body of the public power. Each of participants participates in administrative production irrespective of other participants.

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