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- Year: 2007
- Country: Kosovo
- Language: English
- Document Type: Domestic Law or Regulation
OFFICIAL GAZETTE OF THE PROVISIONAL INSTITUTIONS OF SELF-GOVERNMENT IN
KOSOVO / PRISHTINA: YEAR II / NO. 8 / 01 JANUARY 20 07
Law No. 02/L-28
ON THE ADMINISTRATIVE PROCEDURE
The Kosovo Assembly,
Based on Chapters 9.1.26 (a) and 5.1 (m) of the Con stitutional Framework for Provisional Self-
Government of Kosovo (UNMIK/REG/2001/9), date 15 Ma y 2001, and with the purpose of
regulating administrative proceedings and delivery of effective services of public administration to
all the citizens indiscriminately,
Hereby adopts the following:
THE LAW ON ADMINISTRATIVE PROCEDURE
DEFINITIONS AND GENERAL PRINCIPLES
THE SCOPE AND DEFINITIONS
The Scope of the Law
1.1 The provisions of this Law shall be implemented by all bodies of public administration, along
exercising their functions through individual or co llective administrative acts.
1.2. The provisions of this Law shall be implemented by natural and legal perso ns who by law or
by-law, or contract have been vested the power to e xercise duties and competences of
importance to the public.
1.3. The general principles of this Law shall also apply to the activities of natural and legal
persons when such activities affect the public inte rests.
1.4. The provisions of this Law shall not apply to the following forms of activities of the public
a) administrative acts of regulatory character;
b) administrative acts pertaining the internal org anization of the public administration bodies:
c) administrative acts issued by the public adminis tration bodies within private transactions, to
which the public administration is a party.
For the purposes of this Law, the following terms s hall have the meanings assigned as follows:
Individual administrative act – shall be considered any decisions of public admi nistration bodies
which produce legal consequences per individual cas es.
Collective administrative act – shall be considered any decisions of public admi nistration bodies
which produce legal consequences for two or more na tural or legal persons.
Administrative activity – is a set of individual or collective administrat ive acts issued by the
public administration bodies during the exercising their competences as well any actions
undertaken by the administration for implementation of such acts.
Administrative competences – is a set of competences over cases or territory of the public
administration body envisaged by Law or by-law.
1. Public administration bodies are:
a) Central public administration bodies and o ther subordinate bodies;
b) Local public administration bodies and their sub ordinate bodies.
2. Individual public administration bodies are publ ic authorities vested with legal competences
exercised by one person.
3. Collective public administration bodies are publ ic authorities vested with legal competences
exercised by two or more persons.
Interested party – is any of persons whose legal rights have the ri ght of participating during
administrative proceeding personally or represented .
Discretionary power – of a public administrative body is its right to exercise public authority in
fulfilling a legal goal, even without explicit auth orization by law.
Revocation and abolishment – are administrative acts, which abolish the legal effect of other
Extraordinary situation- means natural disasters such as: floods, earthquake s, droughts, fires,
thunderstorms and epidemic.
The principle of legality
3.1. Public administration bodies shall exercise th eir administrative activity in compliance with the
applicable legislation in Kosovo, within the scope of competences vested in them, and for the
purposes that such competences were vested for.
3.2. Public administrative bodies shall ensure the implementation of their administrative acts.
3.3. The administrative acts issued in extraordinar y situations, in contradiction to the provisions of
this Law, shall prevail insofar as the results requ ired under the conditions of such extraordinary
situation may not be otherwise attained.
3.4. Natural and legal persons affected by administ rative acts from the paragraph 3 herein, are
entitled to compensation in accordance with the leg al provisions regulating the responsibilities of
The principle of balancing the public and private i nterests
The public administration bodies, in exercising the ir administrative activity, shall establish a fair
balance between the public and private interests in volved, in order to avoid unnecessary
infringement of rights and interests of natural and legal persons.
The principle of equality before the Law
5.1. The public administration bodies shall treat e qually all the issues under review insofar as
these issues are objectively similar. The differenc es in deliberation of such issues shall be
commensurate with the objective differences among t hem.
5.2. The public administration bodies shall not differentiate natural and legal persons during
administrative proceeding on the basis of gender, l anguage, political or other affiliation, national
or social origin, wealth, birth or any other status .
The principle of proportionality
6.1. In the course of exercising its legal competen ces with the view of fulfilling a public interest,
public administrative bodies shall have recourse to means and remedies, which are proportional
to the goals to be fulfilled.
6.2. The legally recognized rights, freedoms and in terests of natural and legal persons shall only
be limited in compliance with the Law to the extent necessary to attain an important public
6.3. In each case, the public administrative bodies shall evaluate whether the goal may be
attained through other less repressive means, witho ut compromising their effectiveness.
The principle of objectivity and impartiality
7.1. During an administrative activity, public admi nistrative bodies shall consider and weigh all the
factors related to a specific administrative act.
7.2. Public administration bodies shall ensure that their activity is not affected or influenced by
private or personal interests, or prejudices of off icials exercising such activity.
The principle of sustainability and predictability
The public administrative bodies shall be sustainab le in their administrative activity in order to
meet legal expectations of natural and legal person s.
The principle of publicity
9.1. The public administration bodies shall exercis e their activity in a transparent manner and in
close cooperation with concerned natural and legal persons.
9.2. Any natural and legal persons, without disclos ing his specific interest vis-à-vis public
administration bodies, shall have the following pro cedural rights:
a) to obtain information available to public admi nistration bodies,
b) to obtain such information in a timely fashion ,
c) to obtain it in the same manner as any other p erson;
d) to obtain it in a convenient and effective mea ns or format.
9.3. Excluded from paragraph 2 information may be l imited only for purposes of protection on
legitimate public interests, private life or other legitimate private interests determined by relevant
9.4. To refuse the access in information, the publi c administration body takes the decision in written
a decision as such shall contain the reasons of iss uing and instructions for appeal.
The principle of subsidiarity
If a part or whole aspects of administrative activi ty regulated by this Law are subject to regulation by a
separate legislation, then the said regulation of s uch legislation shall prevail.
The public administration bodies, within the scope of their competences, shall decide on any
request, submitted by natural and legal persons.
Establishment of competences
12.1. Upon submitting the request, by natural and l egal persons, the public administration body
shall establish if it has case or territorial compe tency to decide over the matter.
12.2. The interested parties in administrative proc eeding may challenge the competence of the
public administration body over a specific matter i n conformity with the procedures laid out in
article 28 of this Law.
12.3. Any factual or legal change that may occur after the said submission of request shall not
affect the competence of the public administration body over the submitted request, awaiting
Competence in case
13.1. Authority in case to decide on administrative procedure shall be determined according to
provisions which regulate the particular administra tive scope or shall be determined as
competence of certain bodies.
13.2. To take decisions on administrative issues to the first level of competences in case belong
to administration municipal bodies , if the determi nation of issues have not been legally forward
to the other territory units within the territory o f Kosovo, or in case that other bodies do not have
competencies determined by law.
14.1. Territory competences shall be determined:
a) For the issues related to immovable proper ty in the place where it is allocated;
b) For the issues related to activity of busin ess organization or individual business, the
location of their residence;
c) For other issues, residence of party or he adquarter of legal person.
14.2. If the territory competence can not be determ ined according to paragraph 1, item a, b, c of
the Article, it will be determined according to the place where the event happened
15.1. If according to provisions of preliminary art icles will be two or more bodies, the authority is
the body which initiate proceeding first.
15.2. Competence in case and territory can not be c hanged through the agreements of party or
through the agreement of body and party, besides it is envisaged different to the law.
Non-waiver of competences
16.1. The competences of public administration bodi es are vested by laws or by-laws and their
exercising is binding.
16.2. Any administrative act or other action aimed at waiving the right of the administrative body
to exercise its legal competences shall be deemed i nvalid.
16.3. The provisions of paragraphs 1 and 2 hereof a re without prejudice to the right of public
administration bodies to delegate its legal compete nces to other administrative bodies in
conformity with the procedures laid out in Chapter II herein.
Prior issues, decided by other bodies
17.1. In cases when final decision in an administra tive proceeding is subject to reaching another
prior decision, which is the competence of another public administration body or a court, the body
responsible of issuing the final decision shall pos tpone the administrative decision until the said
body or court shall reach the prior decision.
17.2. Exceptionally to provisions of paragraph 1 he rein, the decision may be reached in cases
when any delay may cause a severe irreparable damag e to basic constitutional rights of natural
and legal persons or to legal public interest.
17.3. An administrative proceeding from the paragra ph 1 herein shall be considered postponed in
the following cases:
a) when reaching the prior decision is subject to i nterested parties submitting a request for
which they fail to comply within the period prescri bed by the law;
b) when, in the absence of any legal timeline, the administrative proceeding for reaching such
prior decision fails to commence in the course of 3 0 days upon decision to postpone the
administrative proceeding to issue the final decisi on, due to failure to submit the request
by interested parties.
17.4. If a public administration body competent to reach a final decision, fails to obtain the prior
decision by other body or court, and decides on the prior issue on its own, the said decision shall
only be valid for the ongoing administrative procee ding.
Wrongful submission of a request to non-competent b ody
18.1. In cases when natural and legal persons, by m istake, submit requests to a public
administration body, which has no competences over the subject of the request, the following
procedure shall apply:
a) the public administration body, to which the request is wrongfully submitted shall in the
course of 2 days upon receipt, reach a decision dec laring its non-competence over the
b) if the competent body to which the request shou ld have been submitted belongs to the
same ministry, agency, institution or structure, th e request shall be forwarded to such
competent body, accompanied by a cover letter from the body wrongly receiving it, one
day after its declaration of non-competence. Natura l and legal persons, wrongly
submitting the request shall be notified in accorda nce with the procedure set out in
Section VI, Part V of this Law;
c) If the competent body to which the request, shou ld have been submitted belongs to
another ministry, agency, institution or structure, the request shall be returned to the
natural and legal persons who submitted it 2 workin g days after the day when the request
was made, which shall include the declaration of no n-competence as well as any
information on the competent body to which the natu ral and legal persons should
18.2. In cases set out in paragraph 1, item (c) her eof, a new timeline for termination of
administrative proceeding shall be set. The new dea dline shall be the same as the first one and
shall be calculated since the moment when the natur al and legal persons wrongly submitting the
request, was notified.
18.3. The decision of the public administration bod y declaring the non-competence may be
appealed against by natural and legal persons in co nformity with the procedures of the Article 28
of this Law.
DELEGATION OF COMPETENCES AND REPLACEMENT
Delegation of competences
19.1. Competent public administration bodies may delegate their competences to other public
19.2. Competent public administration bodies may de legate their competences in favor of their
subsidiary bodies or in favor of other bodies.
19.3. The legal instrument through which the compet ences may be delegated shall be the
Decision of the delegating body in cases when the d elegated body is subsidiary to it, and
Memorandum of Understanding in cases when the deleg ated body is not a subsidiary of the
19.4. Collective bodies of the public administratio n may not delegate competences in favor of
Restrictions to delegation of competences
20.1. The delegated body may not sub-delegate the c ompetences vested through delegation to a
20.2. Any decision of delegating body, with the vie w of authorizing the delegated body to sub-
delegate competences, shall be invalid.
Criteria for delegation
21.1. In each case of delegation of competences, th e delegating body shall clearly specify the
competences delegated, as well as the procedure for their implementation to be complied with by
the delegated body.
21.2. The legal instrument through which the delegation of competences is carried out shall be
published in “Official Gazette”.
21.3. The delegated body shall commence the impleme ntation of delegated competences
immediately upon publication of the said instrument in “Official Gazette”.
Reference to delegating body
In the course of implementation of delegated compet ences, the delegated body shall refer to the
delegating body, originally vested with such compet ences.
The competences of delegating body
23.1. The delegating body may issue instructions wi th regards to implementation of delegated
competences, which are binding for the delegated bo dy.
23.2. The delegated body may withdraw the delegated competence as well as revoke any act or
legal action employed by the delegated body which i s in contradiction with the provisions
governing the legality of the administrative acts, as set out in Section I, Chapter I, Part V of this
Law, or in contradiction with the instructions of d elegating body.
Termination of delegation
Delegation of termination shall terminate in the fo llowing cases:
a) when revoked by the delegating body;
b) upon completion of duties specified by the act o f delegation;
c) when the delegating or delegated bodies are diss olved.
25.1. In case of any absences or inabilities to per form duties due to temporary physical disability
or conflicts of interest affecting the individual p ublic administration bodies or any other public
servant, such duties shall be performed by the body or servant as laid out by appropriate law.
25.2. If there are no provisions in the law governi ng such replacements, the replacement shall be
performed by the highest official of the public adm inistration body, which in the hierarchy of the
individual body is ranked immediately after the rep laced individual body or official.
25.3. If in the public administration body there ar e more than one officials of the same rank in
hierarchy, the replacement shall be done by the app ointment of the replaced official or by the
25.4. The replacing body or official shall also per form such competences that the replaced official
or body has performed by delegation.
RESOLUTION OF CONFLICTS OF COMPETENCES
Conflicts over territorial competences
In cases of any doubt related to territorial compet ences, the body resolving the conflict shall
recognize the competence to such public administrat ion body whose location allows better
access to administrative procedure.
Resolution of conflicts of competences
27.1 Conflicts of competences shall be resolved by:
a) Courts of jurisdiction over conflicts between v arious bodies public administration;
b) Prime Minister for various ministries;
c) The minister or head of central institution for their subsidiary institutions.
27.2 Resolution of conflicts of competences accordi ng to point 1 shall not violate competences of
the Special Chamber of the Supreme Court for Issues of the Constitutional Framework according
to points 9.4.11 (c) of the Constitutional Framewor k.
Dispute of competences of public administration bod y
28.1. The concerned parties in an administrative procedure may challenge the competence of
public administration body in the course of proceed ings.
28.2. The request challenging such competences shal l be made in writing to the body whose
competence is opposed at any stage of administrativ e proceeding.
28.3. The public administration body, whose compete nce is challenged by parties to
administrative proceeding, shall hand over the case for final decision to the competent public
administration body set out in Article 27.
28.4. The legal timeline for completion of administ rative proceeding under review shall be
cancelled pending the decision over claims of the i nterested parties.
28.5. Public administration bodies may state resolu tion of conflicts of competences between them
at any time.
28.6. The competent body for resolution of conflict s shall hear the parties in conflict and shall
reach a decision in the course of 30 days.
28.7 Provisions of this article shall not violate c ompetences of Special Chamber of the Supreme
Court for Issues of the Constitutional Framework ac cording to points 9.4.11 (b) and 9.4.11 (c) of
the Constitutional Framework.
PROCEDURE TO GUARANTEE IMPARTIALIATY
OF PUBLIC ADMINISTRATION
Public officials of public administration bodies shall not participate in decision-making in an
administrative proceeding in cases when:
a) public official has a direct or indirect perso nal interest in decision-making under review;
b) the spouse or his/her partner or next of kin t o a second degree, have a direct or indirect
interest in decision-making under review;
c) public official or persons under item b) hereo f have a direct or indirect interest in a matter
similar to the one under review;
d) public official has participated in the capaci ty of an expert, representative or private lawyer
into the matter under review;
e) persons under item b) hereof have participated in the capacity of experts, representatives
or private lawyers into the matter under review;
f) public officials or persons under item b) her eof are party to court proceedings initiated by
interested parties in the administrative proceeding ;
g) the issue under review is an appeal against a decision reached by a public officials or by
persons stated under the item b) hereof;
h) public official or persons stated under the it em b) hereof are debtors or creditors to
interested parties in the administrative proceeding under review;
i) Public officials or persons stated under item b) hereof have received gifts from the
interested parties before or after the administrati ve proceedings have commenced;
j) Public official or persons stated under item b) hereof are friendly or hostile with the parties
interested in the administrative proceeding.
Declaration of legal restrictions
30.1. If an official of public administration bodie s shall find himself/herself subject to any
restrictions set out in article 29, he/she shall im mediately notify his/her superior or the director o f
the collective public administration body in writin g.
30.2. The manager or director of collective body who has received declaration regarding legal
restrictions, shall notify the parties interested i n the administrative proceeding over the declaratio n
of legal restrictions that apply to said official.
30.3. Further to declaration of legal restrictions, pending the final decision by the management or
director of the collective body, the official shall be excluded from the decision-making process.
Motion of interested parties to exclude a public of ficial due to existence
of legal restrictions
31.1. The parties interested in an administrative p roceeding may request the exclusion of an
official if he/she has or is believed to have inter ests related to restrictions referred to in Article 29
31.2. Motions of interested parties for exclusion o f an official of public administration body shall
be made in writing and submitted to the supervisor of the official or the director of collective body.
31.3. The interested parties may also submit their request to exclude an official to the concerned
official himself who is alleged to have said legal restrictions and he shall, in turn, forward the
request to his supervisor the following work day.
31.4. The request of the interested parties for exc lusion of an official shall clearly specify the type
of legal restriction and shall present all possible evidence corroborating such claims.
31.5. Further to the request of interested parties to exclude an official, and pending a final
decision from the manager or director of collective body, the official shall be excluded from
31.6. In cases when the motion for exclusion of off icial is made by parties interested in the
administrative proceeding, the official so affected has the right to protection.
Issuance of decisions over exclusion
32.1. Upon self-declaration of the official, or fol lowing a motion of interested parties to exclude an
official, the manager or director shall, in cases o f collective administrative bodies, reach a
decision for exclusion from or confirmation of part icipation in the decision-making process.
32.2. Decision for exclusion from or confirmation o f participation of official shall be issued in the
course of 5 working days after interested parties h ave made a request for exclusion of official, or
after self-declaration by the official.
32.3. In cases when legal restrictions from article 29 apply to the director of collective public
administration body, decision for his/her exclusion from or confirmation of participation in the
decision-making process shall be taken at the plena ry meeting, held without the presence of
The impact of exclusion
33.1. If a manager of public official the exclusion is requested for, or the director of collective body
decide on the exclusion of said official from decis ion-making, the official shall be replaced by his
legal replacement in accordance with article 25 of the Law, with the only exception when the
manager deliberates the issue under his authority.
33.2. When the restriction applies to a member of c ollective public administration body, such body
shall function without the participation of the exc luded member.
33.3. Irrespective of the exclusion of official of public administration body as per procedures set
out in article 29 to article 34 hereunder, such off icial shall continue to exert his competences in
cases of extraordinary situations, as set out under this Law.
33.4. All administrative acts or other actions performed by public officials affected by restrictions
laid out in Article 29 hereunder shall be deemed in valid.
Failure of by the public official to disclose exist ence of legal restrictions under Article 29 herein in
a timely fashion shall be deemed severe violation o f legal provisions.
COMMENCEMENT OF AND PARTICIPATION IN ADMINISTRATIVE PROCEEDING
Participation in administrative proceeding
35.1. All interested persons are entitled to start administrative proceeding or to participate in it
either personally or through representation.
35.2. Capacity to start an administrative proceedin g or to participate in it, as well as the rules
governing the representation are set out in accorda nce with the provisions of civil rights on
eligibility of natural and legal persons.
35.3. In order to protect public interests, which m ay be affected by an administrative proceeding,
the right to start an administrative proceeding or to participate in it, is also recognized to the
a) persons to whom administrative proceeding infri nges their common rights such as: public
health, education, cultural heritage, environment a nd quality of life;
b) persons who live within or near a public proper ty, which may be affected by the
c) Ombudsperson (people’s lawyer).
35.4. Associations and other organizations acting f or protection of public interests may also start
an administrative proceeding or be part of it.
Initiation of administrative proceeding
Administrative proceeding may be initiated by a pub lic administration body, at a request of an
interested party or at a request of public.
Initiation of administrative proceeding by a public administration body
37.1. In cases when an administrative proceeding ha s been initiated by a public administration
body, the latter shall send the parties interested in administrative proceeding, if they are
identifiable, a notice on initiation of actions by said body.
37.2. The said notice shall be sent in writing and signed by the director of the public
administration body and shall contain the following information:
a) the names and postal addresses of all the inter ested parties to whom the notice has been
b) the name and postal address of public administration body that has initiated the
proceeding as well as the name of responsible offic ial of public administration;
c) the designation of the proceeding, if applicabl e;
d) timeline for initiation of actions since the da te of serving the said notification, in the course
of which the interested parties may present their w ritten representations;
e) if the law requires a hearing session, a notic e on time and place of said hearing, as well
as the purpose of the hearing shall be sent, along with a reminder that should the party
fail to appear at the hearing it may be found guilt y;
f) if the law provides for conduct of such a heari ng, a notice shall be sent to the parties
reminding them that they may ask the hearing to be held at timelines set out by the law or
by the internal rules of the proceeding body;
g) information on the legal authority of the procee ding body to conduct the said proceeding;
h) information on the purpose of proceeding and, i f applicable, issues requiring a decision.
37.3. The public administration body shall not comm unicate with interested parties as set out in
paragraph 2 of the present article in cases when th e issue deliberated by the body is confidential
as per classifications of such concepts laid out by law, or if in the conditions of extraordinary
situation, the communication may undermine the effe ctiveness of the administrative proceeding.
Initiation of administrative proceeding by interest ed parties
38.1. When provided for by the law, the request of an interested party to initiate administrative
proceeding shall be done in writing, signed and dat ed by the person requesting the action by the
administration, or by the legal representative of t he person, and shall include the following
a) the designation of public administration body, which is required to act;
b) the date when request for action by the public administration has been posted;
c) an indication of competences of administrative body, under which the action of the body
d) concrete action required by the public adminis tration bodies, and
e) statement of basic facts and causes for action by the administrative body.
38.2. The interested party, requesting the action o f public administration body, shall submit the
request to the competent body and shall send copies of the request to all interested parties who
have either director indirect interests in the acti on requested by the administration.
38.3. Public administration body may issue forms th rough which it may obtain information it needs
from the interested parties requesting an administr ative procedure, as per paragraph 1 of present
38.4. The manager of public administration body sha ll immediately review the request for action
submitted by the interested parties and shall under take the following action:
a) he/she shall notify the requesting party in writ ing that the request has been endorsed and
that the administrative proceeding has commenced, o r
b) he/she shall notify the requesting party in writ ing that the request has not been endorsed
and that the party may lodge an appeal against the decision, as per procedure set out in
article 101 herein, or;
c) he/she shall notify the requesting party that fu rther administrative action is required before
the body may respond to the request. in this case, the body shall set a reasonable
deadline for completion of the required actions.
Inaccuracies contained in the request of the intere sted party
to commence administrative proceeding
39.1. If the request of the interested party to com mence an administrative proceeding has not
been prepared in accordance with the requirements s et out in Article 38 of this Law, the natural
and legal persons requesting the action by the admi nistrative body, shall be requested to correct
the inaccuracies contained in the request.
39.2. Notwithstanding the provisions of the paragraph 1 of the present article, the public
administration body shall, if applicable, correct t he request of the interested parties, without
prejudice to legal interests of the interested part ies.
The modes of submitting the request by the interest ed party
to commence an administrative proceeding
40.1. The request of the interested party to initia te an administrative proceeding shall be delivered
in person to the competent public administration bo dy.
40.2. The request of the interested party, addresse d to central public administration body, may
also be submitted to the municipal authorities, if applicable.
40.3. Local public administration bodies shall forw ard the request of the interested party to initiate
an administrative procedure to the central body thr ough registered post (Recommended) in the
course of 2 working days after submission.
Delivery of requests for initiation of administrati ve proceeding
in the diplomatic or consular offices
41.1. The request of the interested party to initia te an administrative proceeding may be also
submitted to certain offices outside the territory of Kosovo, for this purpose and in full compliance
with Resolution 1244 of the UN Security Council and with Constitutional Framework, established
at places where interested parties reside either le gally or temporarily.
41.2. Offices as mentioned in point 41.1, shall for ward the requests of the interested parties to
initiate administrative proceeding to the appropria te public administration authorities through
official mail in the course of 2 days upon receipt.
Mailing the request to initiate an administrative p roceeding
42.1. The request of interested person for initiati on of an administrative proceeding may be
submitted through recorded (recommended) mail or el ectronically.
42.2. Communication of electronic documents is perm issible since the receiver of documents
allows the electronic access.
42.3. An official written document can be issued or electronically received with exemption of
cases when the Law forbids it. In that case the doc ument shall obtain electronic signature
arranged with a particular act.
42.4. Electronic documents issued according to para graph 2 and 3 may replace the written
42.5. Documents electronically submitted to the pub lic authority shall fulfill the legal requirements
determined with provisions for submission of docume nts to the public authority. If the document
electronically submitted does not fulfill the requi rements, the public authority informs the claimant of
request on the formal or substantial discrepancies.
Registration of the request to initiate administrat ive proceeding
43.1. Irrespective of the modality of submission of requests of interested parties to initiate an
administrative proceeding, the receiving body shall register such any such requests in a special
registry, as set out by the law.
43.2. The registry of requests for initiation of administrative proceedings shall contain the
a) request (reference) no;
b) date of submission;
c) request subject;
d) the number and designation of documents attach ed to the request, and
e) the name of applicant.
43.3. The requests of interested parties to initiat e an administrative proceeding are registered as
per the order of submission. The requests submitted through a same mail shipment are deemed
to have been delivered at the same time.
Certificate slip for submission of request to initi ate administrative proceeding
44.1. The public administration body, which is the addressee of the request to initiate an
administrative proceeding shall issue a proof to in terested parties on submission of requests,
through which the delivery and receipt of requests is being acknowledged.
44.2. Such evidence proves the fact of receipt of r equest and attached list of documents by the
responsible public administration body official.
Other written documents presented by the interested parties
The provisions for commencement of administrative proceeding shall also apply to any
explanations, requests for redress, replies or any other written documents presented by the
interested parties during the administrative procee ding.
Preliminary verification of some issues prior to co mmencement
of administrative proceeding
In addition to verification of competences, which i s carried out by the public administration body
as per procedures set out in Article 12 herein, imm ediately upon receipt of request by the
interested parties to initiate the proceeding, the administrative body shall also carry out the
a) if the rights or interests requested by the in terested parties have been properly stated;
b) the legitimacy of natural and legal persons wh o have submitted the request to initiate
c) if the timelines set out by the law have been complied with;
d) if the request of a natural and legal persons to commence the administrative proceeding
may be reviewed along with the requests of other na tural and legal persons as per
procedures laid out in article 49 of this law.
Commencement of administrative proceeding at the re quest of public
47.1. In cases when the requirements set out in par agraphs 3 and 4 of Article 35 hereunder have
been met, the administrative proceeding may be init iated by the public or Ombudsperson.
47.2. In cases when an administrative proceeding is initiated by the public or Ombudsperson, the
public administration body shall undertake any acti on it deems necessary to prepare the case,
including issues not explicitly stated in the reque st, if, in its judgment, it is of public interest to do
Verbal request for initiation of administrative pro ceeding
Exceptionally, the request for initiation of admini strative proceeding may also be done verbally. In
that case, the responsible civil servant shall prep are an official note including the following data:
a) designation of the public administration body, whose action is required;
b) name of the applicant;
c) date of request;
d) concrete action required by the public adminis tration body.
Collective review of several requests for commencem ent of administrative proceeding
49.1. Different requests of the same interested par ties to initiate an administrative proceeding
may be jointly reviewed by the competent public adm inistration body within a single administrative
proceeding, if such requests are based upon the sam e facts and legal basis.
49.2. Similar requests submitted by different perso ns may be reviewed simultaneously, if they are
based on the same facts and legal basis.
49.3. The decision of the competent public administ ration body to simultaneously review several
requests may be appealed against by parties to admi nistrative proceeding.
Modifications of the original request to commence a n administrative proceeding
50.1. Upon commencement of the administrative proce eding and the issuance of final
administrative act, the interested parties may comp lement or modify their original request, even if
such modifications may cause the change of legal ba sis, on the basis of which the request is
reviewed, provided that such modified request relie s on the same facts as the original.
50.2. The refusal of competent public administratio n body to accept any modifications to the
request may be appealed by the interested party.
Withdrawal of the request to commence an administra tive proceeding
51.1. Through a written declaration, the interested parties may, partially or completely, withdraw
from the administrative proceeding as well as waive their legal rights and interests, except when
otherwise provided for by the law.
51.2. Upon the withdrawal of the interested party, the competent public administration body shall
issue a decision on termination of administrative p roceeding. The opposing party to the
administrative proceeding shall be notified of the termination of proceeding.
51.3. The decision of the competent public administ ration body on termination of administrative
proceeding upon the withdrawal of one interested pa rty may be appealed by any other interested
51.4. Withdrawal of one interested party shall not constitute a cause for termination of
administrative proceeding if, in the judgment of th e competent public administration body,
continuation of said proceeding is of public intere st or legal interest to other parties to proceeding.
51.5. The interested party withdrawing the request for commencement of administration
proceeding shall bear all verified costs to the mom ent of termination, except otherwise provided
for by the Law.
In the course of an administrative proceeding betwe en two parties, the responsible public
administration body official shall endeavor to reco ncile the parties to proceeding:
1. The Reconciliation Act between two or more part ies in an administrative proceeding shall be
drawn in a written form and shall enter into effect upon reading and signing by the parties.
A copy of reconciliation act shall be delivered to parties.
2. The reconciliation act between two or more parti es has the same effect as an administrative
3. The competent public administration body shall not agree to reconciliation of parties to
proceeding if such reconciliation is deemed to be t o the detriment of public interests or legal
interests of other natural and legal persons.
ADMINISTRATIVE PROCEEDING UNTIL ISSUANCE
OF ADMINISTRATIVE ACT
The principle of objectivity
53.1. During an administrative proceeding, the offi cial running the proceeding shall consider all the
relevant factors for the matter at hand, and shall duly evaluate every factor.
53.2. During an administrative proceeding, the publ ic administration body shall employ all
possible means of investigation set out in this sec tion, so as to enable the parties to proceeding
to obtain the necessary information to support thei r claims and to enable an informed decision-
making to administration bodies.
The subject of investigation procedure
54.1. The investigation procedure shall be conducte d by administrative body, which is competent
to reach the final decision.
54.2. The body competent to reach the decision may delegate the right to conduct of
investigations to a subsidiary body, unless otherwi se provided under the Law.
54.3. The body competent to conduct investigation p rocedure may assign specific investigation
duties to other subsidiary bodies.
54.4. In the case of collective bodies, the delegat ion of competences set out in paragraph 2 of the
present article may be done in favor of specific me mbers of the body or to a specific subsidiary
Verification of evidence
55.1. The competent body shall ask and shall be acq uainted with all the facts necessary to reaching
the final decision, employing all the means of veri fication provided for by the Law.
55.2. For publicly known facts, as well as the fact s known to the administrative body due to its
functions, no verification is required.
55.3. During an administrative proceeding, the admi nistrative body shall allow access to use of
evidence in its possession, which is acquired in th e course of its regular functioning.
The obligation to submit evidence
56.1. The obligation to submit evidence over the cl aims is with the interested parties to
administrative proceeding, irrespective of the obli gation of the administration to make available
the evidence at its disposal.
56.2. In order to support their claims, the interes ted parties may, along with their request to initiate
administrative proceeding, attach various documents or evidence. The interested parties may also
request the competent public administration body to undertake any action required to allow use of
evidence by the party in the course of administrati ve proceeding.
The obligation of interested parties to submit evid ence
57.1. The body conducting the investigation procedure may ask the interested parties to submit
information, documents or objects, which will be su bject to inspection as well as any other form of
investigation in order to prove the claims.
57.2. The interested parties may refuse the coopera tion required by paragraph 1 of the present
article in the following cases:
a) when it violates a professional secret;
b) to provide data the disclosure of which is pro hibited by law;
c) to disclose data that may compromise the inter ested party or his/her spouse, parent,
child, brother, and sister.
d) to disclose data that may cause financial or no n-financial loss to the interested party or
any of the persons mentioned under item (c) of the present article.
The methods of submitting information and evidence
58.1. In cases when it is necessary to submit infor mation or evidence by the interested party, the
competent public administration body shall notify t he party either in writing or verbally within the
timeframe set out by the provisions of this Law.
58.2. The interested parties may present written or verbal information and evidence at any time in
the course of administrative proceeding.
58.3. If the interested party is not the resident a t the place where administration’s body principal
place of business is located, and is unwilling to a ppear in person in front of the competent body,
at the decision of the latter, the verbal informati on may be delivered through the mediation of
another body, which is located at the party’s place of residence.
Failure to submit evidence
59.1. When the interested party fails to respond to the notification, the administration may issue
another notification or terminate the proceeding, u nless such an action may compromise a public
interest or any other legal private interest.
59.2. The failure to reply to a notification may be considered for the purposes of the proving,
however this shall not constitute a waiver for the administration to ask evidence and facts to
reach a final decision.
59.3. When the information or documents requested t o the party are essential to review of claims
made by the party itself, the proceedings shall be cancelled pending provision of information, and
the interested party shall be notified of this deci sion.
Support from other bodies
The authority competent to conduct the investigatio n may ask other public administration bodies
to undertake action to provide the evidence, in cas e it is unable to do so within an agreed time
period, but no later than 30 days.
Early acquisition of evidence
61.1. In case of reasonable doubt that acquisition of evidence required to reach a decision may
be rendered difficult or impossible, the competent body, at its initiative or at a justified request by
the interested parties, may proceed with their earl y provision.
61.2. Early presentation of evidence may be carried out before the commencement of
Expenditures for acquisition of evidence
Costs incurred during the actions undertaken by the administration to ensure evidence, with the
exception of those already at its possession, shall be borne by the interested requesting party.
EXPERTISE AND OTHER ACTIONS
63.1. In the course of administrative proceeding, t he expertise, reports, assessments and other
actions are solely performed by the specialized exp erts or specialized administration bodies.
63.2. The selection of experts and their remunerati on are governed by Law.
Notice of expertise to interested parties
64.1. The interested parties are notified of the ex pertise, the purpose as well as the expert or
experts appointed by the administration, unless suc h actions relate to secret or confidential
64.2. The notice shall be issued in the course of 1 0 days before the day set for the expertise and
shall contain the date, time and place of implement ation of required action.
Appointment of experts by interested parties
Anytime the administration appoints experts, the in terested parties may also appoint experts at
the corresponding number with the administration.
Submitting questions for experts
66.1. The body conducting the investigation procedu re may submit questions to which the experts
shall apply or may ask their views on specific issu es.
66.2. The body conducting the investigation procedu re may refuse to allow submission of questions
by interested parties, when such questions relate t o secret or confidential matters.
HEARING OF THE INTERESTED PARTIES
The right to hearing
67.1. Upon completion of investigation procedure, t he interested parties are entitled to make
declarations prior to reaching final decision.
67.2. The body conducting the investigation procedure shall decide on any case if the interested
parties make written or verbal declarations.
68.1. When the body conducting the investigation pr ocedure decide to ask the interested parties
to make their declarations in writing, the parties shall be asked to submit their written declaration
10 days upon receipt of said notice.
68.2. The notice shall contain all the necessary in formation in order for the interested parties to
understand the rationale behind the request for wri tten declaration. The notice shall also contain
the time and place where specific files may be cons ulted.
68.3. In their reply, the interested parties may ra ise issues related to the subject of proceedings, t o ask
for employment of other actions as well as attach n ew documents or evidence.
68.4. The interested parties may ask the competent body of the public administration to organize
a hearing session. In this case, the administrative body shall immediately undertake action to
organize such hearing.
69.1. When the body conducting the investigation re quests the interested parties to submit verbal
declarations, it shall set a date for meeting with said parties, but not earlier than 8 days upon
servicing of notice.
69.2. In sessions when parties make verbal declarat ions, all legal or factual issues relevant to
decision-making may be discussed.
69.3. The absence of interested parties shall not constitute a cause to postpone the session,
unless parties present justified reasons before the beginning of the session.
Exceptions to obligation of hearing the parties
70.1. An interested party may be denied the right t o declaration during the administrative
proceeding in the following cases:
a) when reaching a decision is urgent,
b) when it is clear that such an action may render difficult the execution of the decision.
70.2. The interested parties may lodge an appeal ag ainst the decision not to hear the parties,
which however, shall not constitute a cause to term inate the administrative proceeding.
70.3. The body conducting the investigation procedu re may also deny the right to declaration to
the interested parties in the following cases:
a) if the interested parties have had the opportun ity to make declarations on issues relevant
to decision-making in the course of proceedings and on the basis of existing evidence.
b) if the information presented during the proceed ing leads to a decision in favor of the
Upon hearing the interested parties, other additional actions may be undertaken at the initiative of
the body conducting the investigation or at a reque st of interested party.
The report of the body conducting the investigation procedure
When the body conducting the investigation procedur e is not competent to make the final
decision, it shall prepare a report detailing the c laims of interested parties, summarize the history
of proceedings and shall formulate a recommendation for a final decision, including legal and
factual justifications, which, in its judgment, jus tify such decision.
Procedures for involvement of a third interested pa rty to administrative proceeding
73.1. Any natural and legal persons, who is not a p arty to the ongoing administrative proceeding
may submit a request in writing to intervene on the said proceeding.
73.2. The person wishing to intervene in an ongoing administrative proceeding shall submit a
copy of his/her request to the competent public adm inistration body and to each of the parties to
73.3. The request of a third interested party to in tervene in an ongoing administrative proceeding
shall contain the following elements:
a) the designation of the public administration bo dy conducting the administrative
b) the designation of the proceeding;
c) a summary of facts indicating that the legal rights and interests of such party are affected
by the ongoing administrative proceeding;
d) an indication of the action to be undertaken by the public administration body.
73.4. The manager of public administration body, co nducting the proceedings, shall endorse the
request to intervene if the request meets the follo wing requirements:
a) the legal rights, freedoms and interests may b e affected by the ongoing administrative e
b) the speedy and regular conduct of administrati ve proceeding is not jeopardized by the
c) public interests benefit from the intervention .
73.5. The decision of the manager of public adminis tration body to endorse or reject the
intervention shall be given in writing and shall be mailed to the applicant and parties to ongoing
73.6. The decision allowing the intervention shall set out conditions to be met by the applicant so
that the intervention may not jeopardize a speedy a nd regular conduct of ongoing proceeding.
73.7. The manager of the body conducting the procee ding may set the conditions of intervention
at any time after the intervention.
Cases constituting cause for issuance of mediation decisions
74.1. The administrative body, competent to reach a final decision in an administrative
proceeding, may also reach mediation decision, if i n its judgment, failure to undertake some
action may result in severe irreparable damage to i nterests of the public or interested parties.
74.2. Mediation decision may also be reached at the initiative of the administrative body or at a
request of interested parties.
74.3. The decision to undertake mediation action sh all be justified and of specific timeframe.
74.4. Revocation of decision to undertake mediation action shall also be duly justified.
Termination of mediation decisions
Mediation decisions issued by competent authorities of public administration during the
administrative proceeding, shall terminate in follo wing cases:
a) upon issuance of the final decision;
b) when the deadline of validity of mediation deci sion expires;
c) in the absence of deadline specified by law or a dministrative body conducting investigation,
at the expiry of 6 months from the date of commence ment of proceeding.
TERMINATION OF ADMINISTRATIVE PROCEEDING
Reasons for termination
The proceeding may terminate upon reaching the fina l decision or due to other facts laid out in
the present Law.
In reaching the final decision, the competent admin istrative body shall decide on all the issues
raised in the course of proceedings.
Abandoning the proceedings
78.1. The proceeding shall be deemed abandoned if t he interested party, at its discretion, is
inactive for a period exceeding 3 months, unless th ere is a public interest in reaching a final
78.2. Abandoning the proceeding shall not waive par ty’s rights sought through the proceeding.
79.1. The administrative proceeding shall terminate if, in the opinion of competent administrative
body for reaching the final decision, the object or the purpose for which the final decision was
contemplated was rendered impossible.
79.2. The termination as per the paragraph 1 of the present article shall always be justified and
such decision may be appealed against with the admi nistrative body or the court.
Outstanding tariffs or other charges
80.1. The proceeding shall terminate as a consequen ce of failure to pay the tariffs or charges
when due, the payment of which is a pre-requisite t o implementation of procedural acts.
80.2. The interested parties may prevent the termin ation of proceeding if they pay the double of
the original amount in the course of 10 days upon t he expiry of original payment due time.
General timeframes for completion of administrative proceeding
81.1. An administrative proceeding shall be complet ed within a period of 3 months from the date
of its initiation, unless otherwise specified under other specific laws or when its postponement is
necessary due to extraordinary situations.
81.2. In the case of extraordinary situations, an a dministrative proceeding shall be completed in
the course of 3 months upon lifting of such extraor dinary situation.
81.3. Failure to comply with the timeframes laid ou t in paragraph 1 hereof, shall be justified by the
responsible body or person to the responsible body or person in the course of 10 days after
expiry of 3 months period or lifting of extraordina ry situation.
VALIDITY OF ADMINISTRATIVE ACT
Definition of administrative act
Administrative acts are all individual and collecti ve acts, which conform to the definition laid out i n
Article 2 herein.
The form of administrative acts
83.1. Administrative acts shall be of written form, unless otherwise specified by Law or else
required by special circumstances.
83.2. The acts of collective bodies are indiscrimin ately in writing, unless otherwise explicitly
required by Law. In such cases, such acts shall be registered in minutes, in the absence of which
the said act shall not be of any legal consequence.
The content of administrative act
84.1. In each case, the administrative acts shall s tate their goal or purpose.
84.2. The administrative act shall contain the foll owing information:
a) the name of the public administration body tha t issued the act, reference number, date of
issuance as well as any delegation of competences, on the basis of which the act was
b) the identity of the party to whom the act is a ddressed;
c) a summary of factual findings based on evidenc e submitted during the administrative
proceeding or otherwise provided by the administrat ion;
d) a statement of legal basis, on the basis of wh ich the act is drawn;
e) an explanation of practical consequences of th e act for parties to administrative proceeding;
f) a reminder to the parties of their right to s eek redress;
g) a reminder that the parties have the right to appeal against the decision through
administrative bodies or through court;
h) a reminder of the timeframes parties have to o bserve if they wish to file a request for
redress or administrative or court appeal;
i) the date when the act shall enter into effect ;
j) the signature of the manager of the administr ative body issuing the act or the manager of
85.1. In addition to legal requirements of providing rationale set out by Law, rationale shall also
be provided for acts which, partially or entirely:
a) deny, abolish, restrict or otherwise affect le gal rights and interests or cite obligations or
b) constitute a decision related to requests for redress of appeal;
c) constitute a decision which is contrary to the claims of interested parties or contrary to an
official information or proposal;
d) constitute a deviation from the usual practice of resolution of similar cases;
e) revoke, annul, modify or supersede an earlier act.
85.2. Unless otherwise provided for by the Law, the acts ratifying decisions issued by boards,
juries, committees established by administration, a s well as managers’ orders relating to internal
issues, do not require rationale.
Modalities of rationale
86.1. Rationale shall be clearly formulated and sha ll include an explanation of legal and factual
basis of the act.
86.2. When rationale is prepared on earlier informa tion or proposals, their endorsement may
constitute the only rationale for reaching a final decision by the responsible body. In such cases, su ch
earlier information and proposals shall constitute an integral part of the act.
86.3. Rationale with unclear, contradictory or inac curate data is equal to lack of rationale.
86.4. In cases of analogous issues, earlier precede nts may be used, provided that the position of
interested parties is not aggravated.
ENTRY INTO EFFECT OF THE ADMINISTRATIVE ACT
The administrative act shall enter into effect upon its approval, unless under the law or under any
provisions of the act, the act has been given retro active effect.
88.1. The administrative act shall have retroactive effect in the following cases:
a) when the act interprets an earlier act;
b) when the act is issued with the view of enforc ing a court decision, which has declared an
administrative act to be void;
c) when the retroactive effect has been given by law.
88.2. In addition to cases mentioned in paragraph 1 of the present article, the competent body
may also give retroactive power in the following ca ses:
a) when the retroactive effect is for the benefit of interested parties and inflicts no harm to
the rights of a third party;
b) when issuing an act superseding an earlier act along with any other acts issued for
implementation of the latter;
c) when such an action is allowed by law.
The late effect
An administrative act has a late effect in the foll owing cases:
a) when entry into effect is subject to approval or countersigning;
b) when the effects of an act are rendered impossi ble due to some cancellation or deadline;
c) when entry into effect of an act is subject to verification of some conditions or circumstances.
Publication of acts
90.1. Individual and collective administrative acts are serviced to interested parties no later than
90.2. Individual and collective administrative acts shall be published only when specifically
required under the law.
90.3. Failure to publish an individual or collectiv e act when required by law shall constitute a
cause for non-entry into effect of the act.
90.4. In cases when publication of an individual or collective act is compulsory, the publication
shall be done in Official Gazette no later than 30 days upon approval.
INVALIDITY OF AN ADMINISTRATIVE ACT
The invalidity of an administrative act is manifest ed through two following forms:
a) absolutely invalid act;
b) relatively invalid act.
Absolutely invalid administrative act
An administrative act shall be deemed absolutely in valid in the following cases:
a) when it is issued by an unidentified administr ative body;
b) when it is issued by a non-competent administr ative body,
c) when it is issued in contradiction to the form prescribed by this and other laws;
d) when it is issued in contradiction to the proc edure set out by this and other laws.
Consequence of absolutely invalid administrative ac t
93.1. An absolutely invalid act shall generate no l egal consequences.
93.2. Any administration bodies or natural and legal persons to whom the administrative act is
directed shall ignore its orders to act.
93.3. Any interested party may, at any time, reques t the public administration body to declare a
specific act as absolutely invalid.
93.4. The public administration body, competent to decide on the request for redress or on the
appeal against an administrative act, may at its di scretion or at a request of interested party,
declare an administrative act as absolutely invalid .
93.5. In cases when only a part of an administrativ e act is absolutely invalid, the entire act shall
be deemed absolutely invalid if the said part conta ins the parts, which are vital to the purpose of
Relatively invalid administrative act
94.1. An administrative act shall be deemed relativ ely invalid, when it, contrary to the law:
a) authorizes actions or recognizes rights and priv ileges not laid out by the law;
b) prevents actions or rejects the rights or privil eges laid out by the law;
c) is issued on the basis of an illegal act of a hi gher body;
d) is issued under the influence of threat, violenc e or temporary mental instability.
94.2. The interested parties may file request for r edress or appeal against the relatively invalid
administrative act within the specified timelines l aid out by the law.
94.3. Competent bodies of the public administration , at their discretion, may revoke or abolish a
relatively invalid act within the specified timelin es laid out by law.
The consequences of relatively invalid administrati ve act
95.1. Relatively invalid administrative acts genera te legal consequences until its abolishment by
appropriate request (for redress or administrative appeal) by interested parties or at the discretion
of competent public administration bodies;
95.2. Relatively invalid administrative act, which after redress or appeal, is revoked or abolished
shall thereafter cease generating any legal consequ ences;
95.3. After formal revocation or abolishment of rel atively invalid administrative act, the appropriate
public administration body shall restitute the cond ition existing before the issuance of such
relatively invalid act. If such restitution is rend ered impossible, the competent authority shall
consider and resolve any claims of parties injured by relatively invalid administrative acts.
Administrative act with visible inaccuracies and mi stakes
In cases when an administrative act is valid, but c ontains visible inaccuracies or mistakes, the
administrative body, which issued such an act, shal l, at its discretion or at a request of parties to
administrative proceeding, correct material mistake s and visible inaccuracies of the act without
changing its content. Correction of administrative acts containing visible inaccuracies or mistakes
may be done at any time.
97.1. With conclusion shall be decided for issues related to process.
97.2. With conclusion shall be decided for such iss ues performed as secondary issues related to
implementation of process and not decided through a n act decision.
98.1. Conclusion is issued by the official person w ho exercise the act of process along which the
subject of conclusion has been performed if in the law or other provisions have not been
98.2. If through a conclusion has been ordered the implementation of any act shall be determined
the dead line within which the act shall be impleme nted.
98.3. Conclusion shall be verbally communicated to the interested persons whilst in written can
be issued only with the request of persons who can make a particular. complain against the
conclusion, or when the execution of conclusion ma be immediately requested.
99.1. Against the conclusion can be exercised a par ticular complain when it is exclusively
foreseen to the law. A conclusion as such shall be justified and contain the instruction for appeal.
99.2. Appeal shall be exercised to the same dead li ne, in the same way addressed to the same
bodies as well as the appeal against act decision
99.3. Conclusions which can not be contested throug h any particular appeal, can be opposed by
particular individuals through an appeal opposing t he act decision, beside the case when the
appeal against conclusion is excluded by the law.
99.4. Appeal does not postpone the execution of conclusion besides cases when the law or
conclusion itself differently determine.
REVOCATION AND ABOLISHMENT OF ADMINISTRATIVE ACT
Request for review and revocation of administrative act
100.1. An administrative act may be revoked by publ ic administration body that issued it, at the
request of interested parties.
100.2. Upon submission of the request of interested parties for review of an administrative act,
the public administration body shall decide on the revocation or confirmation of the said act.
100.3. The decision of the public administration bo dy reviewing the request for review of
administrative act, shall also be deemed an adminis trative act and as such shall be in compliance
with articles 83, 84, 85 and 86 herein.
100.4. The request of interested parties for review of an administrative act shall be submitted
within the timelines specified by the law or the ad ministrative act itself.
Appeal against and revocation of the administrative act
101.1. The initiative for the abolishment of the ad ministrative act may come from the competent
body of the public administration or it may come as a consequence of appeal of the interested
101.2. Upon submission of appeal against the administrative act by the interested parties, the
competent public administration body shall either d ecide to abolish or sustain the challenged
101.3. The decision of the competent public adminis tration body, reviewing the appeal of the
interested parties against an administrative act, s hall also be deemed an administrative act and
as such shall be in conformity with articles 83, 84 , 85 and 86 herein.
101.4. The appeal of the interested parties against an administrative decision shall be done within
timelines specified under this Law or under the adm inistrative act.
Competences to revoke or abolish
102.1. The competences to revoke an administrative acts lies with the public administration body,
which issued it, unless otherwise specified by the law.
102.2. The competences to abolish administrative ac ts lies with the highest public administration
body vis-à-vis the body that issued the challenged administrative act, unless otherwise specified
under the law.
102.3. An administrative act issued on the basis of delegated competences may also be revoked
by the delegating body insofar the delegation is va lid.
Revocation and abolishment of valid act
103.1. A valid administrative act may be revoked or abolished if the change of circumstances or
the legal environment no longer warrant its existen ce;
103.2. The revocation or abolishment of a valid adm inistrative act shall not be allowed in the
a) when the law explicitly prohibits the revocati on or abolishment of the act;
b) when it grants legal rights to natural and leg al persons;
c) when the act vests such rights and obligations to the administration as may not be
103.3. The acts set out in item (b) of paragraph 2 of this article, exceptionally, may be revoked or
abolished in the following instances:
a) when they affect the rights of parties to whic h it is addressed;
b) when all interested parties agree to revoke or abolish the act, provided that the
rights stemming from such an act may be waive d.
Revocation and abolishment of an invalid act
104.1. An invalid administrative act may be revoked or abolished on the grounds of its invalidity
and within timelines specified for court appeal.
104.2. In cases when there are more than one legal deadlines for submission of court appeal, the
longer deadline shall be applied.
Entry into effect of revocation and abolishment
105.1. Revocation and abolishment of administrative act shall only apply to the future, with the
exception of cases set out in paragraphs 2 and 3 of the present article.
105.2. Revocation and abolishment of an administrat ive act shall have retroactive effect only
when revoked or abolished due to its absolute inval idity.
105.3. Public administration body ordering the revo cation of an administrative act may vest
retroactive powers to the revocation/abolishment ac t in cases when all interested parties are
agreed upon in writing, provided that the act to be revoked/abolished grants such rights or
privileges as may be waived.
Revocation/abolishment reinstating legal validity o f an earlier act
Revocation or abolishment of an act, which in turn revoked/abolished an earlier act, shall
reinstate the legal validity of the latter only whe n the law or the revoking/abolishing act explicitly
provide for such an action.
Amendment and replacement of administrative acts
Unless otherwise provided by the law, the rules for revocation/abolishment shall also apply for
amendment and replacement of administrative acts.
Correction of administrative acts
108.1. Material mistakes in expressing the will of administrative body, when visible, may be
corrected at any time by the bodies with the right to revoke/abolish the act.
108.2. Correction, with retroactive effect, may be done at the initiative of the administration or at a
request of interested parties.
108.3. The correction shall be given the same publi city extended to the corrected act.
SERVISING OF ADMINISTRATIVE ACT
Obligation to service
The interested parties shall be served the administ rative acts through which:
a). decisions regarding their claims are reached;
b). obligations or fines are cited, or damages inf licted;
c). the legal interests or rights of the parties a re granted, abolished, expanded or limited, or
their enjoyment is otherwise limited.
Exceptions to obligation to notify
110.1. Public administration bodies have no obligat ion to issue notices on administrative acts in
the following cases:
a) when the administrative acts are communicated ve rbally in the presence of interested
b) when interested parties participate during the c onduct of administrative proceeding and
manifest full knowledge of said administrative acts .
110.2. An official note shall be drawn for the case s from paragraph 1 of the present article.
Content of the notice
111.1. The notice shall contain the following infor mation:
a) the full text of the administrative act;
b) the name of the person responsible for the act, and the date;
c) the name of the body vested with competence to r eceive appeals against the act,
and appropriate timelines.
111.2. The full text of the act may be replaced by a summary of content and the object, in cases
when the act have endorsed all the requests of inte rested parties, or when the acts relates to
undertaking procedural action.
Timelines for notification of acts
The administrative acts shall be made public eight days upon its issuance, unless otherwise
specified under the law.
The ways of notification
113.1. Notices shall be serviced:
a) through mail, provided that there are postal ser vices in the zone, settlement or work place
of the recipient;
b) personally, in cases when such a way of notifica tion may compromise the development of
ongoing proceeding or when mail notification is imp ossible;
c) through telegram, telephone, cablegram, fax in u rgent cases;
d) Public notice, which shall be put in conspicuous public places, or by a notice published in
two most widely read newspapers in the zone, settle ment or work place of the recipient, in
cases when the interested parties are not known or are in excessive number, which would
render any other form of notification inconvenient.
113.2. In special cases, when required by the natur e of the act, the person shall be invited to be
personally serviced the act.
113.3. In cases when the notice is done through tel egram, telephone, cablegram or fax, the
confirmation of receipt shall be done by the body i ssuing the notice by one of the means set out in
items a) and b) of the paragraph 1 of the present a rticle the following day, although the notice will
be deemed to have been serviced on the date of its first communication.
IMPLEMENTATION OF INDIVIDUAL AND COLLECTIVE
Obligations of natural and legal persons
Natural and legal persons whose rights, freedoms an d interests are affected by the administrative
act shall voluntarily implement the provisions cont ained in the act.
Cancellation of implementation of the administrativ e act
115.1. Natural and legal persons whose rights, free doms and interests may be affected by the
administrative act may ask the public administratio n body or the court, which is competent to
revoke or abolish the administrative act, to cancel the implementation of the challenged
administrative act in order to protect their rights and interests.
115.2. The motion of the natural and legal persons to cancel the implementation of the
administrative act shall be lodged within the speci fied timeframes, but not later than the deadline
specified for submission of motion for redress or a ppeal against the act.
115.3. While deciding on the motion to cancel the implementation of an administrative act, the
competent public administration body shall consider the public interests at stakes, the legal rights
and interests of the natural and legal persons as w ell as the necessity for safety in legal relations.
The timeframe of implementation
116.1. The competent body of the public administrat ion shall implement an issued administrative
act, only upon its entry into effect.
116.2. The competent public administration body sha ll implement the provisions set out in the
administrative act, only when explicitly vested wit h power to do so by the law.
117.1. The following administrative acts may not be implemented:
a) the act, whose effect was cancelled;
b) the act against which an appeal with canceling effect has been field;
c) the act that will enter into effect only upon it s approval by another public administration
body, different from the other that originally issu ed the act.
117.2. Entry into effect of the administrative act may be cancelled by administration bodies which
have the authority to revoke it, the higher bodies that have the right to abolish it or by court in
accordance with applicable rules of civil procedure .
The legality of implementation
The implementation of an administrative act by the public administration is subject to following
conditions and guarantees:
1. Restrictive action may only be taken upon issuan ce of the act, whose implementation is
2. Natural and legal persons the administrative ac t is implemented against shall be given the
opportunity to comply with it voluntarily within th e timeframes set out by the law or by the
administrative act. In cases of extraordinary situa tions, as stipulated by the law, the public
administration bodies may abolish the above provisi on for allowing a reasonable timeframe
for compliance with the act.
3. The restrictive action employed by the public a dministration bodies shall be such so as to
allow the implementation of the act by inflicting t he minimal possible damage to the legal
rights and interests of the natural and legal perso ns.
Appeal against the implementation
Natural and legal persons the administrative act is implemented against may file an appeal with a
higher administrative body or a court in cases when the actions employed in the course of
implementation are illegal or disproportional, prov ided that the illegality of the said action shall be
the consequence of illegality of the implemented ac t.
Forewarning of implementation
120.1. Forewarning of employing restrictive action as well as its justification shall be made known
to the persons the administrative act is implemente d against.
120.2. The public administration body may issue not ice of restrictive action along with the notice
on administrative act, and in this case the impleme ntation is done instantaneously or separately
through a separate notice.
DEADLINE FOR IMPLEMENTATION OF ADMINISTRATIVE ACT
121.1. Deadline for implementation of administrativ e act shall be 15 days from the date of entry
into effect, unless otherwise specified by the law.
121.2. The deadline for voluntary compliance of nat ural and legal persons the administrative act
refers to is 15 days from the day of entry into eff ect, unless otherwise specified by the law.
Calculation of deadlines
In calculation of the deadlines for implementation of administrative acts, the following rules shall
a) in calculation of the deadline, the date of issuance shall not be included;
b) in cases when deadline expires on the same day w hen the concerned administrative body
is not working or works part-time, the implementati on of the administrative act shall be
postponed for the following working day.
Extension of deadlines
If the parties affected by the implementation of th e act are temporarily residing abroad or residing
in remote areas, the deadline for implementation of the administrative acts shall be calculated
upon the expiry of:
a) 15 days, when the interested parties are resid ing in a European country, and
b) 30 days, when the interested parties are resid ing in a country outside Europe.
Resetting of deadline
124.1. In cases when a natural and legal persons th e administrative acts is implemented against
has been unable to comply with the timeline for imp lementation set out by this law or by other
legal provisions, the person shall be entitled to a sk for reset of expired deadline, with the
exception of cases when resetting the deadline is e xplicitly prohibited by the law.
124.2. The request for resetting deadline shall be submitted in the course of 10 days since the
day when obstructions have been lifted or eliminate d, but no later than one year from the last day
of expired deadline, except in cases of force majou re.
124.3. The request of the interested party to reset the deadline shall be justified and shall convey
the confidence that the deadline has not been compl ied with due to reasons outside party’s
Review of request for resetting deadline
125.1. Request for resetting deadline shall be revi ewed by the public administration body that
issued the act awaiting implementation.
125.2. Against the decision to refuse the request a bove, an appeal may be filed in conformity with
the rules laid out in this Law.
126.1. Natural and legal persons are entitled to re quest revocation, abolishment or modification of
administrative act in compliance with the rules for administrative appeal set out under this Law.
126.2. The entitlement referred to in paragraph 1 o f the present article may be exercised through
the following forms:
a) through a request for redress or review submit ted to the person responsible for the act;
b) through appeal sent to higher bodies.
127.1. The administrative appeal may be submitted in the form of request for review or an appeal.
127.2. Any interested party has a right to appeal a gainst an administrative act or against unlawful
refusal to issue an administrative act.
127.3. The administrative body the appeal is addres sed to shall review the legality and
consistency of the challenged act.
127.4. The interested parties may address the court only after they have exhausted all the
administrative remedies of appeal.
The consequences of administrative appeal
128.1. An administrative appeal, either in the form of request for review or appeal, shall cancel
the implementation of administrative act.
128.2. The implementation of administrative act sha ll not be cancelled in the following cases:
a) when the administrative act refers to collection of fees, taxes or other budgetary incomes;
b) when the administrative act relates to police ac tion;
c) when its cancellation is prohibited by law;
d) when the immediate implementation is in the inte rest of public order, public health
or any other public interest.
128.3. In each case, the complainant shall be notified of the reasons for non-cancellation of act
The entity receiving appeals
129.1. When the administrative appeal is in the for m of request for review, it shall be submitted to
the body that issued the challenged administrative act or refused to issue the requested
129.2. When the administrative appeal is in the for m of appeal, it shall be submitted to higher
129.3. In cases when the administrative appeal is m ade in the form of appeal, it shall be
submitted to the higher body, which in turn may for ward the case to the body that issued/refused
to issue the act along with its determination for r esolution of the case.
Deadline for administrative appeal
130.1. The administrative appeal shall be done in t he course of 30 days since the day:
a) the complainant has received the notice on the act or refusal to issue an act;
b) the act has been promulgated in accordance with the provisions of this and other laws.
130.2. In case of failure to undertake any action b y the administration (non-issue of act or
complete silence), the administrative appeal shall be done in the course of 60 days since the day
of submission of request for commencement of admini strative proceeding.
Deadline for reaching a decision in an appeal proce dure
131.1. The competent administrative body shall revi ew the administrative appeal and shall issue
a decision in the course of 30 days upon submission of appeal.
131.2. If, upon the expiry of the deadline specifie d in paragraph 1 of the present article, no
decision on the appeal has been issued by the compe tent administrative body, the interested
party shall be given the right to address the court in conformity with the applicable law on civil
Appeal procedure (request for review)
132.1. If the body that issued or refused to issue the appealed administrative act decides to
endorse the request for review, it shall issue appr opriate decision.
132.2. If the body from the paragraph 1 of the pres ent article does not endorse the request for
review, it shall immediately transfer the appeal to the higher body, which will decide on the appeal
in the course of 15 days.
Formal requirements for conduct of appeal procedure
133.1. The appeal shall be submitted in writing.
133.2. The written appeal shall contain the following data:
a) the name and address of complainant;
b) the administrative act being challenged, either issued or non-issued;
c) the cause of appeal;
d) any other document deemed important to the compl ainant.
133.3. The body reviewing the appeal shall help the complainants in preparing the necessary
Rejection of appeal
The appeal against the administrative acts or non-i ssuance of administrative acts may not
accepted by competent public administration bodies in the following cases:
a) when the appeal relates to acts for which no app eal is allowed;
b) when the deadline for lodging an appeal has expi red;
c) when the challenged administrative act is deemed legal and regular prima facie by the
body reviewing the appeal;
d) when the appeal is submitted by an unauthorized person.
Notice to interested person during the review of ap peal
In cases when the administrative body reviewing the appeal finds that the abolishment,
revocation or modification of challenged administra tive act (or issuance of the act when the
appeal was done against illegal non-issuance of act ), affects in any way, the legal rights and
interests of a third party, the latter shall be not ified to participate the review of appeal and may
submit his/her claims.
The decision of the body reviewing the appeal
The administrative body reviewing the appeal shall decide:
a) to confirm the validity of the act and reject th e appeal;
b) to abolish/revoke the act and endorse the appeal ;
c) to modify the administrative act by partially en dorsing the appeal;
d) to instruct the competent body to issue an admin istrative act when its issuance has
been unlawfully rejected.
137.1. The principles of this Law, especially the p rinciple of legality, shall equally be applied for
real acts of the public administration bodies as fo r those administrative acts, if the nature of these
acts is in contradiction with these principles.
137.2. The real acts of public administration bodies, warnings, coded signals, etc. shall be
deemed legal only if they are accurate, objective a nd proportional.
Elimination of consequences caused by illegal real acts
The administrative body is obliged to eliminate the consequences caused by illegal real acts.
ADMINISTRATIVE ACTS OF DISCRETIONARY NATURE
In cases when public administration exercises discr etionary power, that power shall be exercised
in conformity with the Constitutional Framework and the spirit of the applicable legislation in
Court and administrative review of acts of discreti onary nature
Based on the request of interested parties, any adm inistrative act of discretionary nature may be
subject to court or administrative review.
PROVISIONAL AND FINAL PROVISIONS
The public administration bodies shall issue by-law s or internal regulations regarding the
implementation of the provisions of this Law.
This Law shall supersede all the provisions of the applicable Law with which it is in contradiction.
The present law shall enter into force after adopti on by the Assembly of Kosova and 6 (six)
months after its promulgation by the Special Repres entative of the Secretary General.
Law No. 02/L-28
22 July 2005