Consideration of the Application or Complaint by the Administrative Body

An application or complaint is one of the bases for imitating an administrative proceeding. Based on the application the administrative body informs the parties of the proceeding or their representatives about the fact of initiation of the administrative proceeding. In case of necessity the administrative body notifies the witness, experts, translator/interpreter and other entities about the location, day, time, and other conditions and measures of the procedure.

 

The administrative body shall provide opportunity to the participants of the proceeding and their representatives express opinions on the circumstances discussed in the proceeding.

 

Hearings may not be conducted if:

 

a) A favorable act, which does not contradict to realization of the rights of other persons will be adopted in result of the procedure, or if the participants do not insist on conducting such hearings.

 

b) The application is obviously ungrounded.

 

c) A verbal administrative act will be adopted.

 

Hearings are not conducted if:

 

a) There is an urgent necessity to adopt an administrative act, as the delay may cause threat for the public.

 

b) Other administrative act will be adopted:

 

Hearings are not conducted or may not be conducted in other cases provided by the law as well.

 

The maximum term of the administrative proceeding is 30 days: Specific longer or shorter terms may be set by the law.

 

The term of the administrative proceeding starts from the moment of registration of the application with the administrative body. The terms for the adoption of an administrative act initiated by the administrative body starts from the initiation date. The terms are based on calendar days.

 

In case when the term ends on a non-working day then the term is considered expired on the next business day at 18:00.

 

Source: Iravaban.net

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