Uncertainty of some provisions of the Administrative Code of the Republic of Moldova

Victor BALMUȘ, Iurie FRUNZĂ
2019 Zenodo  
The authors analyze, from the perspective of the three quality criteria – accessibility, predictability and clarity, some provisions of the Administrative Code of the Republic of Moldova and come with arguments that confirm that it is necessary to amend the provisions regarding the administrative procedure, the public authority, the administrative act, the administrative contract, real acts, the principles of the administrative procedure, the participants in the administrative procedure, etc.
more » ... particular, the authors sift the provisions of Book IV of the Administrative Code and find the necessity to submit to the constitutionality control the provisions of art. 258 para. (2)-(3) of the Code, which, in their opinion, violates the principles of the state of law, equality, respect for fundamental rights and freedoms (the right to judge the case within a reasonable time, the right of each person to know his rights and duties ), the legality, the quality of the norms of law and, respectively they are incompatible with the provisions of art. 20 para (1), art. 23 para (2) and art. 54 of the Constitution of the Republic of Moldova.
doi:10.5281/zenodo.3525109 fatcat:rg4tx6ivn5apljvdjckd3nrgs4