УПРАВНА СТВАР
ADMINISTRATIVE MATTER

Summary/Abstract: The administrative matter is an element of the administrative act which causes many problems to the legal doctrine and practice. However, a clear significance of this element is found in the possibility of substantive distinction between administrative and other legal acts. This particularly relates to the distinguishing between administrative and judicial acts, since both these acts are individual, authoritative, legal acts. The only difference (if one excepts the organic differentiation, namely the one concerning the subject enacting, and which is not sure, since the courts, too, may enact administrative acts) consists of matters in which both acts are enacted, namely, administrative acts are enacted in the administrative, while judicial ones are enacted in judicial matters. Yugoslav theory explains the administrative matter in various ways, namely: using the activity, the activity of specific agencies, administrative »matter«, »area«, jurisdiction of the administrative agencies, the matter regulated by administrative-legal legislation, while there are authors who are making combinations of several different elements. Judicial practice does not establish firm criteria which would be valid in taking the attitude rela'ting to the administrative matter, so. that on the ground of that practice it is easier to say what matters are not administrative than vice versa. However, the courts rather rarely state their reasons for considering a matter administrative one, so that this only aggravates the analysis. Finally, specific elements for making conclusions on administrative matter may be inquired also into the positive legal regulations. By an analysis of legislation, theory and practice it is possible to make specific generalisations of the elements of the administrative matter. These are, first of all, individual matters, which is a distinction in relation to normative matter. It is distinguished from other individual matters according to the element of authority, while from the judicial matters which, too, have the element of authority, it is distinguished in relation to the need that a rule of conduct has to be made precize by a primary disposition. Accordingly, administrative matter may be datermined as an individual matter where, on- the ground of legal prescriptions, there emerges the need that a rule of conduct be made precize in an authority manner by using a primary disposition.

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