ADMINISTRATIVE CONTRACT IN LEGAL SYSTEM OF THE REPUBLIC OF SERBIA
ADMINISTRATIVE CONTRACT IN LEGAL SYSTEM OF THE REPUBLIC OF SERBIA

Summary/Abstract: An administrative contract, as a special type of contract, which represents a bilaterally binding contract by the nature of its conclusion, represents one of the administrative matters provided for by the Law on General Administrative Procedure. The administrative contract, as a specific legal institution belonging to administrative law, was introduced into the legal system of the Republic of Serbia by the adoption of the Law on General Administrative Procedure ("Official Gazette of the RS", No. No. 18/2016 and 2/2023 - Decision of the RS RS. See: Authentic interpretation - 95/2018), and in accordance with the tendency of harmonizing our legislation with the legal system of the European Union. The law itself (Art. 22-26), through five articles that were determined for this institute, regulates the concept and permissibility in terms of conclusion and content, the method of modification, the authority's right to terminate the contract, the right to object and the application of other regulations. as well as the law regulating obligation relations. This type of regulation of contractual relations, which act erga omnes (toward all - contracting parties), with the aim of representing a means by which a certain public interest will be achieved, has its specificity in relation to other contracts of the civil law system, which is reflected in the fact that one the contracting party is always a subject under public law. Bearing in mind that the administrative contract represents a novelty in the legal system, the effects of its application in practice will be subject to consideration and further improvement of the normative framework for its practical application.

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