The applicability of the Institute of Administrative Science in the Macedonian legisletion

Denkova, Jadranka and Angelovski, Andrej (2016) The applicability of the Institute of Administrative Science in the Macedonian legisletion. In: Трета mеѓународна научна конференција: Општествените промени во глобалниот свет, Sept 2016, Stip, Macedonia.

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Abstract

In the Republic of Macedonia "administrative silence" means a legal presumption according to which on the occasion of a request submitted by the party to the state authority, the authority does not respond to the request in the legally prescribed period and it is considered rejected by the party's request. However in this general rule of "administrative silence means rejection" there is an exception, which is widely represented in the substantive law. This research proves that the application of "administrative silence" in the Law of Administrative Procedure does not produce efficiency in resolving legal complaints. Furthermore, it confirms that precise and clear establishment of "administrative silence means approval” in the Law on Administrative Procedure as an exception to the general rule can positively affect handling of administrative cases and shall exercise their rights, obligations and legal interests of the parties in the administrative procedure. This research addresses the basic principles of administrative procedure and mostly the principles closely related to the institute of "administrative silence means approval”. Furthermore, this research examines the question whether the institute of "administrative silence means approval" can be equally applicable to all of the administrative procedures. The response is, of course, negative. The conclusion from the survey implies that that the current rule "administrative silence means rejection" provides guidelines and recommendations for future successful and simpler treatment by introducing the model of "administrative silence means approval" where it does not jeopardize the public interest and does not violate the rights of the third parties. Moreover, this research contributes to strengthening, improvement and further development of the principles of effective public administration and greater achievement of the "administrative silence" institute in the Republic of Macedonia. Keywords: administrative silence, administration, legal structure, practical applicability, principles, efficiency, responsibility.

Item Type: Conference or Workshop Item (Paper)
Subjects: Humanities > Other humanities
Divisions: Faculty of Law
Depositing User: Jadranka Denkova
Date Deposited: 31 Jan 2017 10:10
Last Modified: 31 Jan 2017 10:10
URI: http://eprints.ugd.edu.mk/id/eprint/17079

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