Analiza unor reglementări contradictorii în procedura contencioasă și procedura contenciosului administrativ în legislația Republicii Moldova [Articol]

Abstract

In recent years, the doctrine and jurisprudence have highlighted more and more issues related to: the existence of numerous acts in the field of administrative litigation with contradictory nor mative contents; the abundance of regulations on issues related to the mechanisms for resolving petitions addressed to issuing bodies by citizens; the existence of a multitude of regulations providing for a number of special procedures and derogations from general material rules, often with contradictions between provisions, some provisions of obsolete, imperfect and confusing legislation, lack of a uniform terminology that would constitute a coherent set of hierarchical principles and rules. Administrative code no. 116 was adopted in the final reading on July 19, 2018 and entered into force on 01.04.2019, the date on which the main normative acts in the field were repealed, such as: Law on administrative litigation no. 793 of 10.02.2000 and the Law on petition no. 190 of 19.07.1994. In the context of amending the legislation in the field, we consider current and important the study of the approached issue in the sense of analyzing the legislation in the field and elucidating the particularities of the procedure before the administrative contentious court, the comparative research of the administrative contentious procedure until the entry into force of the Administrative Code in current regulations.