ТИПИЧНИ СЛУЧАЈЕВИ МАНЉИВОСТИ ФОРМЕ УПРАВНИХ АКАТА У СРПСКОЈ УПРАВНО-ПРОЦЕСНОЈ ПРАКСИ
TYPICAL CASES OF ADMINISTRATIVE ACT’S LEGAL FORM FAULTS IN SERBIAN ADMINISTRATIVE PROCEEDINGS PRACTICE

Summary/Abstract: Starting point of the paper is a soft formality principle in administrative law and its importance for protecting legal certainty in modern legal systems. Author cites a usual classification on generally formalized and administrative acts with reduced form and emphasizes a need for theoretical acknowledgment of special category of administrative acts in Serbian law - the so-called implicit administrative acts. Then, using a rich case law, author makes an analysis of basic types of legal form faults in administrative acts. Among other things, he states that administrative decisions in form of ordinary letters, which is a common practice, violate a effective realization of a right to appeal; then that administrative agencies have problems in formulating short, clear and determined disposition of a decision and that a large number of decisions doesn’t contain expositions (rationale, comments, statement of reasons), or that exposition isn’t made in an appropriate way and is contradicting decision’s essence. Author call for abolition of the provisions of paragraphs 3 and 4 of Article 199 of the General Administrative Procedure Act, which opened a possibility for unspecifying the reasons for making administrative decisions, if it is in the public interest and law or statute expressly provides so. Readers attention is directed to an absurd of in advance prepared statement of reasons in administrative acts, and the question of validity and legal effect of administrative decisions that are signed by persons for whom it can not be determined in which capacity they made a signature, and to the problem of validity of decisions that are certified with a facsimile of authorized persons.

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