ФИНГИРАЊЕ ПОЗИТИВНОГ УПРАВНОГ АКТА КАО САНКЦИЈА ЗА НЕЕФИКАСНУ УПРАВУ
FICTION OF A POSITIVE ADMINISTRATIVE ACT AS A SANCTION FOR INEFFICIENT ADMINISTRATION

Summary/Abstract: The reader is presented with a paper that deals with the issue of the legislator’s understanding of the institution of administrative silence. The aim of the paper is to point out potential shortcomings within the existing legal regulations from a scientific and legal point of view, and to provide de lege ferenda a possible legislative solution, especially bearing in mind the circumstance that the administrative procedural law of all countries , the so called The Western Balkans rarely changes. At the same time, the author’s intention is to point out the importance of making a positive administrative act as a means of sanctioning inefficient administration, and as a means of adequately balancing state (public) and individual (private) interests. Public and private interest are not opposing categories, with the fact that exceeding the private interest can be harmful to the public. The work is also a manifestation of the author’s research curiosity on the topic in question, and as such it is the result of reflection, which aims to encourage the professional scientific public, but also individual state bodies, to creativity and research. This paper tries to point out the existence of legal gaps in the institution of administrative silence, as well as the possibility of changing the approach during its revision, with the elimination of observed deficiencies, all with the intention of creating more functional and efficient administrative procedural legislation.

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