Stručni rad

INITIATION AND CONDUCT OF ADMINISTRATIVE PROCEDURE

Milan Stipić

Sažetak

General administrative procedure act contains legal norms that are valid
for all identical cases. In addition to the general, there are special administrative procedures,
customized to the specific administrative areas. Procedure initiation is regulated.
Administrative procedure can be initiated at the request of the proponent and ex officio.
When the official determines that the conditions for the conduct of administrative
procedure are met, before making a decision, all the facts and circumstances relevant to
the resolution of administrative matter have to be identified. When there are no legal requirements
for the initiation of procedures, the official shall make a decision to reject the
application of the party. The procedure is initiated ex officio when stipulated by law or
when protection of public interest requires it.
When initiating procedure ex officio, the public authority shall take into consideration
the petition or other information that indicate the need to protect the public interest. In
such cases the applicant is not a party, and the official is obliged to notify the applicant, if
initiation of procedures is not accepted ex officio. Based on the notification, the applicant
has a right to complain, including the situation when there is no response within the prescribed
period of 30 days.
Public authority may, therefore it is not obliged to, initiate administrative procedure
by public announcement only in a situation where the parties are unknown, while it is
obliged to initiate procedure by public announcement when this method of initiating
the procedure is prescribed by law. Initiation of procedure with public announcement
occurs in rare cases.
Due to the application of efficiency and cost-effectiveness principle, two or more administrative
procedures can be merged into one procedure by a conclusion. The condition
for this is that the rights or obligations of the parties are based on the same legal basis and
on the same or similar facts. Modification of the application of a party is possible before
rendering a decision of first instance, provided that the amendment request is based on
the same facts. A party may withdraw their application, without the obligation to provide
reasons for it. In such a situation a decision to terminate the procedure is made.
The settlement is in its legal nature a special kind of contract between the parties in a
procedure, expressing their free will as a way of completion of administrative procedure.
The settlement as a prerequisite for making the decision to terminate the procedure is not
possible if it is contrary to law, public interest or the rights of third parties.

Ključne riječi

procedure; party; official; termination of administrative procedure; decision; complaint; settlement

Hrčak ID:

155925

URI

https://hrcak.srce.hr/155925

Datum izdavanja:

2.12.2013.

Posjeta: 956 *