Administrative agreements in NRM

Jovanovski, Zoran (2022) Administrative agreements in NRM. In: 8-th international Scientific Conference Ohrid School of law - 2022 Iuridica prima Institute for Legal – Economic Research and Education, 12-15 May 2022, Ohrid, Macedonia.

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Abstract

The administrative bodies, as well as the legal entities entrusted by law with the exercise of public authorizations, are obliged to provide the parties (legal or natural persons) with protection and easier realization of their rights. However, enabling the protection and realization of the rights of the parties must not be to the detriment of the rights of third parties, nor to the detriment of any public interest determined by law. The administrative bodies are obliged to act according to the Law on General Administrative Procedure (LGAP), on the one hand to strive to protect the legal order and the rule of law, and on the other hand to provide protection of the legal rights of legal entities and individuals. All of these can be achieved by applying the administrative agreement as a legal institute which with the purpose and meaning due to which it was created justified its existence.The administrative agreement according to the LGAP of the Republic of Macedonia is an agreement between a public body and a right or natural person (party), whose subject is performing a public service under the competence of a public body when it is published by law, and is in public interest and it does not restrict the rights of third parties.
What is specific about administrative agreements is that they have a number of similarities with two other important legal institutes, namely, administrative acts and civil law agreements. However, despite the similarities between them, there are significant differences, which are the position and role of the parties in relation to the administrative, ie administrative agreements, so it is necessary to distinguish these agreements, ie distancing from administrative acts and civil law agreements.
According to the LGAP, the administrative contract can be annulled by a lawsuit in front of a constitutional court, it can be amended if the legal requirements are not met, or it can be terminated.
The administrative bodies should be a professional service, ie they should play the role of an efficient partner, and thus they will contribute to easier realization of the activities that are of interest and importance for the parties. However, this does not mean abandoning the legal mechanisms of acting from a position of power, but achieving a public interest, which does not always coincide with individual interests.
Keywords: administrative agreement, administrative body, public interest, party, government

Item Type:	Conference or Workshop Item (Paper)
Subjects:	Social Sciences > Law
Divisions:	Military Academy
Depositing User:	Zoran Jovanovski
Date Deposited:	04 Nov 2022 09:47
Last Modified:	04 Nov 2022 09:47
URI:	https://eprints.ugd.edu.mk/id/eprint/30226

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