ЗАИНТЕРЕСОВАНО ЛИЦЕ КАО СТРАНКА У УПРАВНОМ ПОСТУПКУ
INTERESTED PERSON AS A PARTY IN ADMINISTRATIVE PROCEDURE

Summary/Abstract: When we mention the party in the administrative procedure we usualy have in mind direct (active or passive party). Interested person or indirect party is rarely mentioned regardless of the fact that this party is contained in the substantial definition of a party in the Law on General Administrative Procedure and put in almost the same position as the main party, having in mind its procedural status and rights. In order for a person to be a party in the procedure, it is necessary to have a capacity to be a party, procedural capacity and substantial party legitimation. Party and procedural capacity are abstract categories linked with concrete persons and concrete administrative cases. With regard to their establishment, usually there are no difficulties. Party legitimation is also a crucial procedural prerequisite but, in its nature, it is more of a substantial character. Because of that, some problems in the procedure might occur when we establish this prerequisite, especially when it comes to interested persons. Therefore, this issue is resolved only together with the main question. This paper will try to answer the following questions: how the issue of interested persons is regulated in different administrative fields in domestic and legislature of other countries and what are the possible consequences, what proceedings should be applied when deciding upon the request of a person to be an indirect party and if the local legal regime is sufficient framework for regulating the position and procedural rights of that person or there is a need to amend it with provisions which would regulate more concrete and in more details all the relevant issues that affect the indirect party.

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