Acta Universitatis Danubius. Juridica, Vol 5, No 1 (2009)

Abstract

According to article 53, paragraph 1 of the Constitution of the Republic of Moldova, adopted on July 27

th, 1994, the lawgiver establishes the institution of the administrative contentious and it determines the parties in this litigious: a) the public authority and b) the injured person, through an administrative act or by refusing to solve a claim. Subsequently, administrative contentious law establishes the legal functioning regime of this institution. Since Soviet law, applied to the Republic of Moldova for 47 years, did not recognize the administrative contentious litigations, today is quite difficult to implement this as a state responsibility towards the citizen. The causes are various: the transition period from totalitarian regime to a democratic one, which lasted about two decades, the low level of legal culture of the citizens, political instability and justice dependence on politics, etc. In this paper we will analyze the normative stipulations that govern the legal position of parties in administrative contentious litigation established in the actual legislation in Republic of Moldova.